THE HON’BLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO WRIT PETITION No.13571 OF 2017

ORDER:

This Writ Petition is filed seeking the following relief:

“...to issue a Writ, Order or direction more in the nature of Mandamus declaring the orders passed by the first respondent in Memo No.8389/Ser.II/AI/2016 dated 13.7.2016 and the orders in Memo No.767/34/Pen.I/A1/2012 dated 20.4.2012 in rejecting the claim of the Petitioners for continuing them under Old Pension Scheme i.e., Revised Pension Rules, 1980 and applying Contributory Pension Scheme introduced in G.O.Ms.No.655 Finance (Pension-I) Department dated 22.9.2004 though the petitioners were recruited prior to the date of introduction of the said Scheme as illegal. Consequently, direct the Respondents to continue the petitioners under Old Pension Scheme i.e., Revised Pension Rules, 1980 and to pass...”

2. Heard Sri P.V.Ramana, learned counsel appearing for the petitioners and learned Government Pleader for Home appearing for the respondents.

3. Learned counsel for the petitioners submits as follows:

That the then State of Andhra Pradesh Police Recruitment Board, Hyderabad, issued recruitment Notification, dated 18.12.2003 for filling up the posts of Stipendiary Cadet Trainee Police Constables in Civil, A.P.S.P and A.R. in all the Districts, duly inviting applications for recruitment. On 28.01.2004, the candidates were asked to appear with required documents before the notified authorities. 01.07.2003, is the date on which the eligibility in respect of educational qualification would be taken into consideration. SSC is the qualification. After passing preliminary test for physical fitness, written examination was conducted on 14.03.2004. After evaluating the marks in respect of physical test and written examination, provisional list of selected candidates was notified as per merit on 21.08.2004 in daily Newspapers.

4. After publication of the provisional Selection List on 21.08.2004, the Chairman of the Police Recruitment Board, issued a Memo on 23.08.2004 for sending the petitioners for training. In spite of that, for a period of three months, no action has been taken by the concerned Commandants for sending the candidates for training. On 17.11.2004, administrative orders were issued for undergoing training for a period of 9 months. Accordingly, the petitioners were sent for training on 16.11.2004 and 17.11.2004 respectively and successfully completed training. Thereafter, the petitioners were appointed duly counting the entire training period for the purpose of all other benefits.

5. The Contributory Pension Scheme was introduced by the then Government of Andhra Pradesh with effect from 01.09.2004 vide G.O.Ms.No.655 Finance (Pension-I) Department, dated 22.09.2004. The said G.O., was given retrospective date with effect from 01.09.2004. It is provided that all new employees “who are recruited on or after 01.09.2004” are to become members of the scheme. The employees will pay monthly contribution of 10% of the basic pay and DA from their salary to the Contributory Pension Scheme.

6. The petitioners were sent on training after 01.09.2004 thinking that they would be treated under Contributory Pension Scheme. The petitioners made representations to the Director General of Police and the Government. The Director General of Police, in Lr.No.L2/34766/2016, dated 18.05.2016 submitted proposals for consideration of petitioners’ cases under Old Pension Scheme (Revised Pension Scheme of 1980) and given valid reasons for extending the said benefit. The Director General of Police recommended that issuance of Notification and existence of vacancies is to be taken into account for the purpose of extending Old Pension Rules and thereby, the petitioners can be continued under Old Pension Rules and thereby petitioners can be continued under Old Pension Rules, rather than applying new Pension Scheme.

7. The Government based upon un-communicated Circular issued by the Finance Department in Memo No.767/34/Pen