Entitlement to full eligible pension based on the entire service period of the petitioner.

ORDER :

The petitioner is aggrieved by the action of the 6th respondent in issuing letter No.Prl.AG(A&E) AP.35, dated 27.12.2012 and Lr.No.P8/11/V-994/SP-710/2002- 2009/REV-80/AD86330, dated 25.09.2013 for not considering the revised pension proposals of the petitioner and consequently seeks a direction to the respondents to continue the petitioner to draw his eligible full pension as already fixed by counting the period of service rendered by the petitioner on 02.12.1972 to 30.06.2002 as qualifying service and also seeks refund of the amount recovered from the petitioner.

2. The petitioner was appointed as a Teacher in SSBN High School on 02.09.1972 and worked till 01.12.1981. The petitioner worked in AIDED Vacancy in the said school. The petitioner was also working at regular intervals at SSBN Degree College which was under the same management as that of the School.

3. The petitioner was appointed as a Lecturer in Political Science in the said College on 02.12.1980. The appointment of the petitioner was approved by Sri Venkateswara University, Tirupati and the petitioner worked as Incharge Principal of the college from 02.12.1981 to 06.05.1992.

4. The petitioner was appointed as Principal of that College on

07.05.1992 and attained the age of superannuation on 30.06.2002. The petitioner applied for grant of pension and the relevant service pension papers were forwarded to the respondent/authorities. The 6th respondent had computed the pension and fixed the pension of the petitioner at Rs.5,858/- per month and the minimum basic pension was ordered for payment with effect from 01.07.2002 onwards.

5. The Director College Education after submitting further details of the petitioner with respect to promotion of the petitioner as a Principal of the 7th respondent/college and considered the service of the petitioner from 02.12.1981 to 15.04.1990 as qualified service for computation of pension. The 6th respondent after receipt of further service particulars has re-fixed the pension at Rs.6,326/- per month. The service of 24½ years only was considered instead of 30 years of actual. Aggrieved by the said proceedings dated 27.10.2003, the petitioner submitted representation to consider his entire service from 02.09.1972 to 30.06.2002 for grant of terminal benefits and to revise the pension benefits. The 7th respondent and the 3rd respondent recommended the petitioner’s cause to the

1st respondent.

6. The 1st respondent/Government issued GOMs.No.54 (HE), dated 08.06.2011, whereby the 1st respondent had issued guidelines for the consolidated pension. As per the said GO the concerned authorities were to recalculate the pension payable as per the UGC guidelines, 1996.

7. The petitioner submitted representation dated.29.06.2011 to the 4th respondent seeking re-fixation of pension as per the UGC Guidelines, 1996 as well as UGC Scales, 2006. Considering the details submitted by the petitioner, the respondents have refixed and enhanced the pension of the petitioner at Rs.23,700/- per month and also recognized the pensionable service of the petitioner from 02.09.1972 upto 30.06.2002. The petitioner was paid the arrears of pension as on 06.08.2011.

8. However, the 6th respondent on the alleged inspection of pension reports pointed out that the service of the petitioner from 02.12.1981 to 15.04.1990 in Un-AIDED post. As such, the same cannot be treated as qualifying service period. The 6th respondent issued the proceedings dated 27.12.2012 directing the 4th respondent to recover the excess pension of Rs.6,56,053/-. Accordingly, the 4th respondent affected the recovery by reducing the service of the petitioner from 30 years to 24½ years.

9. The petitioner submitted the representation on 13.02.2013 and 24.08.2013 seeking details as to why the recovery was initiated. None of the authorities responded to the letters addressed by the petitioner. Aggrieved by the illogical deduction of pension, the petitioner submitted a detailed representation to the 7th respon