Temporary service qualifies for pension computation under Andhra Pradesh Revised Pension Rules, 1980, as recognized by the Supreme Court and High Court precedents.

ORDER :

SUREPALLI NANDA, J.

Heard Sri. Ch. Ganesh, learned counsel appearing on behalf of the petitioner, learned Assistant Government Pleader for Services-II, appearing on behalf of respondent No.1, learned Assistant Government Pleader for Services-I, appearing on behalf of respondent No.2 and 3, and Sri Kishore Rao Puskuru, learned Standing Counsel for TS Zilla Parishads, appearing on behalf of respondent No.4.

2. The petitioner approached the Court seeking prayer as under:

“…to issue a wit order or direction more particularly one in the nature of writ of Mandamus to declare the action of the respondents in not counting the past temporary service rendered by the petitioner in the contingent establishment from the date of his initial appointment on 1976 to till 2018, for computation of qualifying service by reckoning contingent service rendered by the petitioner as per G.O.Ms.No. 156, Finance and Planning (FW.PEN.1) Department, dated 29.04.1983, for the purpose to sanction of pension and Gratuity on even of retirement of petitioner by applying principle laid by Hon’ble Supreme Court in the case of Prem Singh Vs. State of Uttar Pradesh and others in Civil Appeal No.6798 of 2019 and batch dt 2.9.2019, (2019) 10 SCC 516), and 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 : 16.02.3028 in (2019 10 SCC 545) followed by Division Bench of this Hon’ble Court in E.P. No.8201 of 2016, dated 17.03.2016, and in W.P. No.17700 of 2016 dated 20.06.2017, as highly illegal, arbitrary, unjust, unconstitutional against the principles of natural justice, equity and fair play and prays to direct the respondents herein to count the pre-absorption service of petitioner herein in temporary capacity in the contingent establishment for the purpose of computation of qualifying service for sanction of pension and Gratuity, other retirement benefits and by applying the principle laid by Hon’ble High Court of Allahabad in the case of Smt. Krishna Bembi Vs. appellate authority dt : 25.05.2015, to the petitioner herein under Article 141 of Constitution of India and pass...”.

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

The petitioner approached this Court aggrieved by the inaction of the respondents to count the pre-absorption service of petitioner herein in temporary capacity in the contingent establishment for the purpose of computation of qualifying service for sanction of pension and Gratuity, other retirement benefits and by applying the principles laid by Apex Court and Hon’ble High Court of Allahabad in the case of Smt.Krishna Bembi Vs. Appellate Authority, dated 25-05-2015 to the petitioner herein under Article 141 of Constitution of India.

4. It is represented by the learned counsel appearing on behalf of the petitioner 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 petitioner 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 petitioner.

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 c