HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.6975 OF 2023

ORDER:

Heard Sri Ch. Ganesh, learned counsel appearing on

behalf of the petitioner, learned Assistant Government Pleader for Social Welfare, appearing on behalf of respondent Nos.1 and 2, learned Assistant Government Pleader for Finance and Planning, appearing on behalf of

respondent No.3.

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 indecision of the respondent society in not taking any steps to count the temporary service rendered on contract basis by the petitioner from the year 1999 to 2009 in respondent society schools to sanction regular pension, gratuity and other retirement benefits as per revised pension rules of 1980, on retiring from service on 31.05.2014 due to indecision of respondent society from 18 long years as highly illegal, unjust, unfair, totally arbitrary and prays to direct the respondents herein to count the past service of the petitioner rendered on temporary basis on contract basis from the year 1999 to 2009 in the respondent society to implement regular pension as per the Revised Pension Scheme Rules 1980 to allow the petitioner to get benefits of regular pension,

gratuity and other retirement benefits w.e.f. 23.12.1999 to 31.05.2014 on attaining age of superannuation with all consequential monetary benefits by awarding exorbitant costs against respondents for their indecision for 18 long years in forcing the petitioners to approach this Hon’ble Court for justice and pass such order or orders as the Hon’ble court may deem fit and proper in the circumstances of the case”.

3. The case of the petitioner in brief is that petitioner was appointed as Contract Residential Teacher on 23.12.1999 and subsequently got regularized vide Proceedings, dated 23.06.2009. Later on, the petitioner had retired from service on

31.05.2014 on attaining the age of superannuation.

It is specific case of the petitioner that the Respondent Society is not taking any steps to count the temporary service rendered on contract basis by the petitioner from the year 23.12.1999 to 23.06.2009 in the Respondent Society for the purpose of sanctioning regular pension gratuity and other retirement benefits, as per revised pension rules of 1980, on petitioner’s retirement from service in the month of May, 2014 in spite of petitioner’s repeated requests for the same. Aggrieved by the said action of the respondents, the petitioner approached this Court by filing the present Writ Petition.

4. I t is represented by 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 hence, the present writ petition could be allowed in terms of the order of this Court dated

24.11.2022 passed in W.P.No.7343 of 2019.

PERUSED THE RECORD.

5. The learned counsel appearing on behalf of the petitioner contends that under similar circumstances in pursuance to the order dated 20.06.2017 passed by a division bench of this Court in W.P.No.17700 of 2016 the same was implemented by the concerned respondents vide Lr.No.6047/ CRP&RE/ C-2/ 2018, dated 10.10.2018 and also communicated the same to one Sri P.Dasharadham who was the applicant in O.A.No.5624 of 2015 vide letter Rc.No.B10/ 4170/ 2015, dated

08.10.2018.

The relevant portion of Division Bench order of this Court dated 20.06.2017 in W.P.No.17700 of 2016, is extracted hereunder:

“Coming to the case of the 1st respondent herein, he filed O.A.No.5624 of 2015 stating that the respondents therein have not counted his past service as Full Time Contingent sweeper as per Government instructions issued in G.O.Ms. No.156, dated 29.04.1983. In the counter affidavit filed by him before this Court, he specifically stated that he was initially appointed as sweeper on 30.04.1982 in the Zillah Praja Parishad Se