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IN THE HIGH COURT OF TELANGANA
Surepalli Nanda
S. Cheralu – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. pension benefits claimed post-retirement. (Para 2 , 3) |
| 2. counterarguments regarding eligibility for pension. (Para 4 , 5 , 6) |
| 3. legal entitlement to pension as property. (Para 7 , 8) |
| 4. recognition of pension as constitutional right. (Para 9) |
| 5. directs action for release of pension. (Para 10) |
ORDER :
Surepalli Nanda, J.
Heard Sri C. Raja Shekar Reddy, learned counsel appearing on behalf of the petitioner, learned Government Pleader for Irrigation & Command Area Development, appearing on behalf of the respondent Nos.1 and 2, and the learned Government Pleader for Services-II , appearing on behalf of respondent No.3.
2. The petitioner approached the Court seeking prayer as under:
“…to issue an appropriate Writ, Order of direction preferably one in the nature of Writ of Mandamus and to declare the inaction of the respondents are not releasing the pension and pensionary benefits of the petitioner though he was retired from service vide proceedings dt 30/6/2020 as Sweeper-cum-Watchman in the office of the 3rd respondent is highly illegal, arbitrary, unreasonable, discriminatory and also in violation of principles of natural justice and also in violation of Articles 14, 16
Pension is a property right protected under Article 300-A of the Constitution; unauthorized withholding is unlawful and must be redressed by authorities.
Temporary service must be counted as qualifying service for pension benefits under the Andhra Pradesh Revised Pension Rules, 1980.
Temporary service rendered by petitioners must be counted for pension benefits under the Andhra Pradesh Revised Pension Rules, 1980, as established by precedent.
The court upheld the right to retrospective regularization of services and pension benefits under Article 300-A, emphasizing that prolonged service cannot be disregarded.
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