IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD The Hon’ble The Chief Justice Sri Aparesh Kumar Singh and The Hon’ble Sri Justice G.M.Mohiuddin Writ Appeal No.1361 of 2024 Dated: 16.12.2025 Between:

Telangana Social Welfare Residential Institutions of Society (Regd.)

Rep. by its Secretary, Telugu Samkshema Bhavan, Masab Tank, Hyderabad.

...Appellant and V.Yadagiri Rao and 3 others ...Respondents

Order

Mr. S.Rahul Reddy, learned Special Government Pleader attached to the office of the learned Additional Advocate General for the State of Telangana appears for the appellant and Mr. M.Krupakar, learned counsel appears for respondent No.1 (hereinafter referred as ‘the Writ Petitioner’).

2. Writ Petitioner, a Trained Graduate Teacher (TGT), has approached the learned Writ Court, after retirement, with the grievance of not counting the period of contractual service from the date of his initial appointment till the date of his regularization as qualifying service for the purpose of pension. He alleged that it is contrary to G.O.Ms.No.59 Social Welfare [RS.1] Department dated 10.08.2007, by which his services were regularized. He also prayed for a direction upon the respondents in the Writ Petition/State to pay the recovered amount of Rs.4,55,087/- from the gratuity benefits. The said vide Writ Petition was disposed of order dated 14.06.2023, with a direction to the State to re-compute the pensionary benefits of the petitioner by treating his services from the date of initial appointment and refund the amount recovered within a stipulated period. Aggrieved by the same, the State filed a Review Petition. However, by order dated 02.09.2024, the said Review Petition was allowed only to the extent of considering the services rendered by the Writ Petitioner prior to his regularization notionally for the purpose of pension and pensionary benefits. The order with regard to refund of the amount recovered from the Writ Petitioner was however not modified. Respondent No.2 in the Writ Petition-Telangana Social Welfare Residential Institutions of Society has preferred this Appeal being aggrieved by the order dated 14.06.2023, passed in the Writ Petition as well as the order dated 02.09.2024, passed in the Review Petition.

3. We have heard learned counsel for the parties and taken note of the relevant materials paced on record.

4. G.O.Ms.No.59 Social Welfare [RS.1] Department dated 10.08.2007 did not stipulate any condition to count the services of Teachers from the initial date of their contractual employment. It only allowed to certain contractual Teachers, relaxation in qualification of holding Post Graduate degree for being recruited in TGT cadre on regular basis. With regard to 42 Teachers, who do not possess B.Ed qualification in the relevant methodology, suitable time was allowed to them to acquire the requisite qualification and thereafter their services would be regularized in TGT cadre only. The subsequent Circular dated 21.08.2007, issued by the Andhra Pradesh Social Welfare Residential Educational Institutions Society, Hyderabad, with reference to G.O.Ms.No.59 dated 10.08.2007, states at para 3 that under Agenda No.1 approved by the 49^th Board of Governors meeting held on 26.05.2007, the order of regularization will be prospective ignoring past services for all etc purposes of Seniority, Monitory benefits . G.O.Ms.No.59 dated 10.08.2007 and Circular dated 21.08.2007 remained unchallenged till filing of the aforesaid Writ Petition by the Writ Petitioner after his retirement. Learned Writ Court proceeded to allow the relief, sought by the Writ Petitioner, being guided by Rules 13 and 14 of the Revised Pension Rules, 1980, placed before it by the Writ Petitioner.

5. Learned Special Government Pleader has relied upon a decision of the Apex Court in Director General, Doordarshan Prasar Bharti Corporation v. Magi H.Desai¹

2023 SCC OnLine SC 336

6. Learned counsel for the writ petitioner has relied upon a decision of the erstwhile High Cour