THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION NO.20466 of 2025

ORDER:

This Writ Petition is filed seeking a writ of mandamus declaring the action of respondent Nos.1 to 6, 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 and consequently direct the respondents to adopt and implement the guidelines of the official memorandum dated 17.02.2020 and 03.03.2023 either by 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 and 03.03.2023, so as to give effect to the petitioners herein.

2. The brief facts of the present case are that in the month of March, 2004 Andhra Pradesh Public Service Commission, Hyderabad issued notification vide No.3 of 2004 for recruitment of 375 Junior Lecturer posts in Government Junior Colleges. Petitioner No.1 has applied for the said Lecturer post, appeared for written examination on 25.07.2004 and got selected and appointed as Junior Lecturer in History at Government Junior College, Dichpally, Nizamabad District and also issued partial modification proceedings vide Rs.4519/C2/2004, dated 15.12.2004 and posted as Junior Lecturer in History at Government Junior College, Bichkunda, Nizamabad District and subsequently petitioner No.1 was transferred to Government Degree College, Bodhan, Nizamabad. Similarly, petitioner Nos.2 and 3 were selected and promoted as Lecturer in Political Science and Public Administration.

3. In the budget for 2001-2002, Government of India have announced that all new pension scheme based on a defined contribution would be implemented in respect of Central Government service including All India Services such as Indian Administrative Services, Indian Police Services, Indian Foreign Service etc., after 01.10.2001. The combined State of Andhra Pradesh and Telangana vide its G.O.Ms.No.653, Finance (Pension-I) Department, dated 22.09.2004 and decided to adopt the Government of India’s New Pension Scheme based on defined contributions for the employees of State, who are newly recruited on or after 01.09.2004. Under the new Contributory Pension Scheme each employee has to contribute certain amount and government may contribute certain amount, but prior to that, when old pension scheme was prevailed, there was no such contribution required from the employees. While the matter stood thus, taking into consideration various representations/references and decisions of the Courts and after careful analysis of the same, the Government of India, issued clarifications, that old pension scheme has to be applied in case of candidates, who were selected prior to 01.01.2004, but their appointments were got delayed due to administrative reasons. Representations were received by the Government of India, after issuance of official memorandum under reference No.57/04/2019-P & PW(B), dated 17.02.2020 requesting to extend the said benefit of pension on the ground that their appointments was made against the advertised for recruitment prior to notification of National Pension System and referred to Court Judgments of various High Courts and Central Tribunals and considering the same, respondent No.5 issued further clarification by way of official memorandum under reference No.57/05/2021-P & PW(B), dated 03.03.2023.

4. In compliance of the said official memorandum, the learned Principal District and Sessions Judge(Head Quarters), Delhi had issued circular vide No.889/11653-12653, dated

05.04.2023, giving opportunity to the employees like nature of the petitioners herein, whose appointments were based on vacancies and notifications issued prior to effective date of NPS scheme. Acting upon various representa