THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO.31094 OF 2025

ORDER:

(per Hon’ble Sri Justice Suddala Chalapathi Rao)

This Writ Petition is filed under Article 226 of the Constitution of India, seeking to grant the following relief:

“…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.1 to 4, having adopted and implemented the Government of India’s New Pension Scheme, in not adopting the guidelines of the Official Memorandum, dated 17.02.2020 issued by the Deputy Secretary to Government of India vide Ref.No.57/04/ 2019-P&PW(B), and Official Memorandum under reference No.57/05/ 2021-P&PW(B), dated 03.03.2023, is nothing but arbitrary, illegal, violative to Articles 14, 16, 19, 21 and 300-A of Constitution of India, and consequently direct the respondents to adopt and implement the guidelines of the Official Memorandums dated 17.02.2020 and 03.03.2023, either by making adopting or modifying the Telangana State Revised Pension Rules 1980, or to issue Official Memorandum alike with the Government of India Official Memorandum dated 17.02.2020 & 03.03.2023, as well as the Government of A.P., vide Circular No.U.O Note No.1273065/Fin/01/HROMISC/87/2020-HR III, dated 03.03.2025, so as to give effect to the petitioner herein…”

2. The brief facts of the case are that, initially petitioner was appointed as Typist-cum-Clerk on temporary basis in the District Legal Services Authority, Warangal District vide proceedings No.DC-WGL/DLSA-RC/Dis.No.575, dt. 01.07.2000 in the existing vacancies and his probation was declared on 09.04.2003 and he had subscribed to General Provident Fund, general insurance etc., as per the Rules existing in DLSA.

3. While so, the 4^th respondent-Prl.District & Sessions Judge, Warangal issued notification No.DC-WGL-AW-RC, Dis.No.10212, dated 17.02.2004 by re-notifying in supersession to earlier notification vide Dis.No.5195 dated 13.10.2003 for filling up the posts of Personal Assistant (Steno-Typist) through direct recruitment against the vacancies arisen before 31.08.2004. It is further averred that he applied for the said post through proper channel, that the written examination for the said post was conducted even prior to 31.08.2004, and due to administrative exigencies arisen during that period, issuance of proceedings of appointment letter got delayed and later he was appointed in the post of Steno-Typist vide orders DC-WGL-AW-E/Dis.No.6137 dated 30.10.2004.

4. It is further averred that while he was working in the Unit of 7^th respondent, he was holding GPF account, APGLIC etc. and after his joining in the unit of 3^rd respondent, he submitted application dated 01.07.2008 to this Hon’ble High Court for the composite State of Andhra Pradesh, seeking pay protection in his earlier post. Meanwhile, the new pension scheme (now called New Pension Scheme) for all employees, who joined the service of the State Government and all rules and regulations applicable to State Government employees were also made applicable to the Judicial Employees as well under the control of the Hon’ble High Court. As per the Rule 26.4 of the Telangana State Judicial (Service and Cadre) Rules, 2023, regarding conditions of service, the Telangana Civil Services (Classification, Control and Appeal)

Rules, 1991, the Telangana State Civil Services (Conduct) Rules, 1964, the Fundamental Rules, the Telangana Leave Rules, 1933 and the Pension Rules, for the time being in force, shall, insofar as they may be applicable to these employees/officers. That due to delay in issuing appointment orders, the respondent herein are applying new scheme and the Contributory Pension Scheme (CPS) also called as National Pension Scheme (NPS) is being implemented for the employees whose appointments are after

01.09.2004.

5. It is stated that in the budget for 2001-2002, the Government of India has announced that all New Pensi