Temporary service rendered by employees must be counted for pension benefits under the Andhra Pradesh Revised Pension Rules, affirming that pension rights are protected as property under Article 300-A of the Constitution.

ORDER:

Heard Sri Ch.Ganesh, learned counsel appearing on behalf of the petitioners and the learned Assistant Government Pleader for Services-II appearing on behalf of the respondents.

2. The petitioners approached this Court seeking the prayer as under:

“….to issue an order or direction more particularly one in the nature of Mandamus to declare the action of the respondents in not counting the past temporary service rendered by the Petitioners in the contingent/contract establishment from the date of their initial appointment in the year 1999 to 2009 for computation of qualifying service as per G.O.Ms.No.156, Finance and Planning (FW.PEN.1) Department, dated 29-04-1983, for the purpose of sanction of pension, Gratuity other retirement benefits on eve attaining age of superannuation of petitioners by applying principle laid by this Hon'ble Court in the case of Devarakonda Sri. Lakshmi Vs. Government of A.P. 2010 (2) ALD 165 by applying the principle laid by Apex Court in the case of Habib Khan Verses State of Uttarakhand and others in Civil Appeal No.10806 of 2017 and batch dt. 23-08-2017, (2019) 10 SCC 542), along with orders in Review Petition (C) No. 9 of 2018, dt. 16-01-2018, in (2019 10 SCC 545) followed by Division Bench of this Hon'ble Court in W.P. No. 8201 of 2016, dt.17-03-2016, and in WP No.17700 of 2016, dt.20-06-2017, as highly illegal, arbitrary, unjust, unconstitutional for violation of articles 14,16,21,39 (d) 43& 300 A of the constitution and equity and fair play and prays to direct the respondents herein to count the pre-absorption service of Petitioners herein rendered in respondent society on contract basis for the purpose of computation of qualifying service for sanction of pension and Gratuity, other retirement benefits by applying the principle laid by this Hon'ble Court in the similar case of colleagues of petitioners in W.P. No. 11735/2019 dt: 6-2-2023 herein under Article 141 of the Constitution and pass such order or orders in the interest of justice.”

3. The case of the petitioners in brief as per the averments made by the petitioners in the affidavit filed by the petitioners in support of the present writ petition is as under:

The petitioners approached this Court aggrieved by the inaction of the respondents to count the pre-absorption service of Petitioners herein rendered in respondent society on contract basis for the purpose of computation of qualifying service for sanction of pension and Gratuity, other retirement benefits by applying the principle laid by this Hon'ble Court in the similar case of colleagues of petitioners in W.P. No. 11735/2019 dt: 6-2-2023 herein under Article 141 of the Constitution.

4. It is represented by the learned counsel appearing on behalf of the petitioners that the subject issue in the present writ petition is squarely covered by the order of this Court dated 24.11.2022 passed in W.P. No.7343 of 2019 and therefore the petitioners herein are entitled for the same relief as extended to the petitioners in W.P. No.7343 of 2019.

5. The learned Assistant Government Pleader, appearing on behalf of the respondents does not dispute the said submission made by the learned counsel appearing on behalf of the petitioners.

6. The relevant portion of the order of this Court in W.P. No. 7343 of 2019, dated 24.11.2022 in particular para Nos. 5 to 8 & 10 to 14 are extracted hereunder.

“ 5. Under identical circumstances, the Division Bench of the High Court in W.P.No.8201 of 2016 dated 17.03.2016 referring to Rules 13 and 14 of the Andhra Pradesh Revised Pension Rules, 1980 which deal with the qualifying service of a temporary employee for the purpose of payment of pension held that the qualifying service of a Government Servant shall commence from the date he takes charge of the post to which he is first appointed with substantively or in an officiating or temporary capacity.

6. Subject to the exceptions contained in Clauses (a) and (b) of Rule 13 of the Rules a temporary employee shall furthe