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2025 Supreme(Online)(TEL) 1132
HIGH COURT OF TELANGANA
NAGESH BHEEMAPAKA, J
Dr.SA Majeed Bedar – Appellant
Versus
The Chief Secretary to Govt – Respondent
WP/5292/2019
University must recognize prior service for pension benefits if contributions are made, as affirmed by the Joint Director's letter.
Headnote:(A) MCS Rules, 1981 (Pension) - G.O.Ms.No. 5, dated 20.01.2006 - Pensionary benefits - Petitioner sought pensionary benefits for service rendered as lecturer in two colleges prior to joining Osmania University - University denied benefits citing inapplicable G.O. - Court found that the University failed to consider the Joint Director's letter affirming entitlement to pension benefits based on prior service - Direction issued to University to correspond with Government for credit of Capitalized Value of Pension. (Paras 1, 3, 7, 8)
(B) Pension Eligibility - Service rendered in other universities can be counted as qualifying service for pension, provided contributions are made as per applicable rules. (Paras 3, 6)
Facts of the case:
Petitioner worked as lecturer in two colleges from 1978 to 1997 and sought pensionary benefits from Osmania University, which were denied based on an inapplicable government order. Legal notices were issued but the claim remained unsettled, leading to the writ petition.
Findings of Court:
The University must correspond with the Government of Maharashtra to credit the Capitalized Value of Pension and gratuity for the petitioner’s prior service.
Issues: Whether the petitioner is entitled to pensionary benefits based on prior service and the applicability of the cited G.O.
Ratio Decidendi: The University must consider the Joint Director's letter affirming the petitioner's entitlement to pension benefits and take necessary actions to facilitate the transfer of contributions from the previous employers.
Result: Writ Petition disposed of with directions to the University.
| Table of Content |
|---|
| 1. university's counter on service (Para 3) |
| 2. petitioner's counsel argues entitlement (Para 4 , 5) |
| 3. university's failure to act (Para 6 , 7) |
| 4. writ petition disposed (Para 8 , 9) |
ORDER:
Petitioner seeks a direction to Respondents 3 to 5 – Osmania University to take necessary steps to consider and settle his pensionary benefits on account of rendering services as Ex-lecturer of Maulana Azad College of Arts, Science and Commerce at Aurangabad from 18.08.1978 to 14.06.1990 and as Ex-Lecturer of Dr. Rafiq Zakaria College for Women, Novkhanda at Aurangabad from 15.06.1990 to 13.10.1997.
2. The case of petitioner is that prior to his joining Osmania University, he worked as stated above which posts are pensionable as per the Resolution dated 21.07.1983 of Government of Maharashtra Education and Employment Department and as per MCS Rules, 1981 (Pension), thus he opted for taking pensionary benefits at Hyderabad Osmania University instead at Aurangabad and the same was clarified and admitted by the Joint Director of Higher Education, Aurangabad vide letter dated 03.02.2011. However, Respondents 3 to 5 instead of sanctioning / releasing the said benefits, denied the same on unsubstantial ground vide memorandum dated 02.05.2018, quoting G.O.Ms.No. 5, dated 20.01.2006, which, according to petitioner, is not applicable to the case on hand as the said G.O. came into force in 2006 whereas the services in question belong to the period from 1978 to 1990 and from 1990 to 1997.
It is stated, petitioner got issued legal notices dated 28.02.2018 and 28.06.2018 to the 4th respondent, but his claim was not settled. Hence, the Writ Petition.
3. The Registrar, Osmania University stated in his counter that petitioner joined University service on 14.10.1997 as Reader, later was promoted as Professor on 14.10.2005 and retired from university service on 31.05.2012 on attaining the age of superannuation. It is stated, as per Rule 14 of the Andhra Pradesh Pension Rules for University Teachers, 1992, counting of service rendered under other universities: the service rendered in any other university in Andhra Pradesh under pensionable service shall be counted as qualifying service, provided that contribution shall be paid at the time of joining this University by the previous employer or by the employees concerned on proportionate basis at the prevailing rate of pension contribution for Gazetted officer of the Andhra Pradesh Government. It is stated, the government by way of G.O.Ms.No. 5, dated 20.01.2006 has brought out the amendment to the effect that “the service rendered by the University Teachers in other State Government Universities / Government of India Institutions / Government and Aided Colleges shall be counted as qualifying service, provided that contribution shall be paid to the university by the previous employer or by the employee concerned on proportionate basis at the prevailing rate of Pension Contribution together with a simple interest at (8 ½ %) per annum. If the previous employer happens to be the Government, the individual concerned shall pay the contribution together with a simple interest at (8 ½ %) per annum to the present employer”. It is stated further, the University vide order dated 26.09.2006 adopted G.O.Ms.No. 5. Prior thereto, the service rendered by the teachers from the universities other than the State of Andhra Pradesh was not countable for pensionary benefits.
It is stated, at request of petitioner, the university addressed letter dated 01.12.2008 requesting the past employer to transfer his service along with Capitalized value of Pension and Gratuity, but there was no response; again in 2010, on the request of petitioner, University has sought clarification from the Joint Director, Higher Education, Government of Maharashtra; subsequently, the university calculated the Capitalized value of pension and gratuity and interest to be paid by him and the same was communicated by letter dated 02.04.2011 to pay Rs,15
