ORDER:

Present writ petition is filed seeking following relief:

“….to issue an order or direction, more particularly, one in the nature of writ of mandamus declaring the action of the respondents in not conferring the benefits a maximum of 40 of commutation of pension w.e.f. 01.01.1996 instead of 01.04.1999 to the members of the petitioner’s Association, as illegal, arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India and further, declare that the members of the petitioner’s Association are entitled for the benefit of gratuity upto a maximum of Rs 3.5 lakhs w.e.f. 01.01.1996 and 40 commutation of pension w.e.f. 01.01.1996, instead of 01.04.1999 the date from which the UGC scales have implemented by the A.P. State Government, also with all consequential benefits….”

2. (a) Writ Petition has been instituted by registered Association consisting of members who retired from University services, in particular, teaching faculty. It is claimed that about 170 members of the Association, who retired from University service after 01.01.1996, are affected on account of the impugned action of the respondents in not extending the benefits of enhancement of retirement gratuity upto Rs.3,50,000/- and also commutation of 40% value of pension with effect from 01.01.1996 in accordance with the Revised UGC Pay Scales, 1996.

(b) It is claimed that petitioner Association members were being extended UGC Scales and subjected to Pay Revision of UGC Scales from time to time. However, they are governed by A.P. Revised Pension Rules, 1980, on par with State Government employees. The Government of India had undertaken revision of pay scales in the year 1996 and accordingly, has come up with revised pay scales for the period 1996 - 2006. The said pay scales, thereafter, have been adopted by the State Government vide G.O.Ms.No.208, Higher Education (UE.II.I) Department, dated 29.06.1999. In terms of aforesaid G.O., the revised pay scales were extended even to the employees of 3rd respondent University and given effect from 01.01.1996.

(c) Later, by G.O.Ms.No.246, Higher Education (UE.II.I) Department, dated 31.08.1999, the State Government had extended the benefit of dearness allowance, house rent allowance, and city compensatory allowance as recommended for the Central Government employees, in pursuance to the revised pay scales, and the same was also given effect from 01.01.1996. That being so, with respect to the State Government employees, the State had undertaken revision of pay scales in the year 1999. The Pay Revision Commission stated to have made certain recommendations and in pursuance to the same, the Government had issued G.O.Ms.No.158, Finance & Planning (FW.Pen.I) Department, dated 16.09.1999, enhancing the limit of commutation of pension to 40% of the pension sanctioned, which, however, was to come into force with effect from 01.04.1999. Similarly, vide G.O.Ms.No.157, Finance & Planning (FW.Pen.I) Department, dated 16.09.1999, the Government had enhanced the maximum limit of retirement gratuity from Rs.1,75,000/- to Rs.2,50,000/- for the purpose of calculating retirement gratuity as part of emoluments, as defined in Rule 31 of the A.P. Revised Pension Rules, 1980, and the same were given effect from 01.01.1999.

(d) The aforesaid determination of enhancement of retirement gratuity and 40% of commutation value, as made applicable to State Government employees with effect from 01.04.1999, was equally made applicable to the members of petitioner Association, who otherwise were to be extended with effect from 01.01.1996 and that too in terms of UGC Pay Scales as adopted by the State Government.

(e) Petitioner Association stated to have made representation, dated 11.12.2000, to the 1st respondent, pointing out aforesaid anomaly, besides raising certain other issues. Yet, another representation stated to have been made on 23.02.2001 to the anomaly committee constituted to look into the grievances of the stakeholders. One