HON’BLE MRS. JUSTI CE SUREPALLI NANDA WRI T PETI TI ON No.15559 of 2021

ORDER:

Heard Sri P. Venkatesh, learned counsel appearing on behalf of the petitioners, learned Assistant Government Pleader for Finance and Planning, appearing on behalf of respondent No.1, learned Assistant Government Pleader for Higher Education, appearing on behalf of respondent No.2, Sri P.S. Rajasekhar, learned Standing Counsel for Telangana State Public Service Commission, appearing on behalf of respondent Nos.3 and 4 and learned Deputy Solicitor General of I ndia, appearing on behalf of respondent No.5.

2. The petitioners filed the writ petition seeking the following relief “to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus directing the Respondent No.1 (A) To adopt the Office memorandum issued by Government of India Ministry of Personnel Public Grievances and Pensions Department of Pension and Pensioners Welfare Office No 57/05/2021P and PW B dated 03032023 also (B) To issue orders to govern the petitioner under Old Pension Scheme and (C) To pass such other orders as are deemed fit and proper in the circumstances of the case”.

3. It is represented by the learned counsel appearing on behalf of the petitioners that the subject issue in the present writ petition is squarely covered by the common order of Division Bench of this Court dated 19.03.2025 passed in W.P. Nos. 22559 of 2023, 15644 of 2023 and 11398 of 2023. The relevant para Nos.27 and 28 of the said Division Bench order is extracted hereunder:

“27. The opinion of this bench is that the case of the petitioners herein would fall within the Old Pension Scheme. But considering the fact that there is no information submitted by either of the respondents in respect of opportunity being given to the petitioners to exercise their options, we feel it desirable and appropriate that the respondents shall seek options as a one time measure from all the petitioners, who are covered under the present writ petitions and any other employees who are recruited and whose selection process was commenced prior to 01.09.2004 as against the vacancies which had arisen much prior to 31.12.2003. Consequently respondents shall take further steps accordingly and make applicability of the relevant pension rules to the petitioners as opted by them, which are applicable to them as per the Judgment of the High Court of Bombay in Khilari Rajendra Eknath’s case (supra). It is further directed that the entire exercise shall be completed by the respondents within a period of three (3)

months from the date of receipt of a copy of this order.

28. With the above observations, these three Writ Petitions are disposed of. There shall be no order as to costs”.

4. The learned counsel appearing on behalf of the petitioners further submits that the subject issue in the present writ petition is squarely covered by the recent orders of this Court dated 23.07.2025 passed in W.P. No. 5724 of 2025 and order of this Court dated 23.07.2025 passed in W.P. No. 20466 of 2025.

5. The learned counsel appearing on behalf of the respondents does not dispute the submissions made by the learned counsel appearing on behalf of the petitioners, and contends that the writ petition could be disposed of in similar lines of order of this Court dated 23.07.2025 passed in W.P. No. 20466 of 2025 and the order dated 23.07.2025 passed in W.P.

No. 5724 of 2025.

6. Bringing the said submissions of learned counsel appearing on behalf of the petitioners on record, the writ petition is allowed in terms of the orders of this Court dated 23.07.2025 passed in P.W. No. 5724 of 2025 and order of this Court dated 23.07.2025 passed in W.P. No. 20466 of 2025 and also the common order of Division Bench of this Court dated 19.03.2025 passed in W.P. Nos. 22559 of 2023, 15644 of 2023 and 11398 of 2023.

However, there shall be no order as to costs.

As a sequel, the miscellaneous petitions, if any pending, in the Writ Petition shall also st