THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO.20910 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 Memorandum dated 17.02.2020 and 03.03.2023, either by making adopting or modifying the Telangana State Revised Pension Rules 1980, or by issuing an Official Memorandum alike with the Government of India Official Memorandum dated 17.02.2020 & 03.03.2023, so as to give effect to the petitioner herein…”

2. The brief facts of the case are that, in pursuant to the Notification No.8/2004, dated 08.04.2004 vide Dis.No.3020/ Admn/2004 issued by the District and Sessions Court, Mahabubnagar, petitioner was appointed as Personal Assistant (Steno-Typist) vide Order No.90/04/Admn, Dis.No.1174, dated 10.02.2005 and posted as Personal Assistant in the Court of Junior Civil Judge, Gadwal and that the petitioner is promoted as Grade-II Stenographer (Cat.5) vide proceedings Order Dis.No.7236 dated 15.11.2004 issued by the Prl.District and Sessions Judge, Mahabubnagar. Later, petitioner was promoted as Grade-I Stenographer (Cat.4) vide proceedings dated 13.05.2019. It is further averred that petitioner was appointed as Personal Assistant (Steno-Typist) in the Unit of Principal District and Sessions Judge, Mahabubnagar through direct recruitment in the vacancy arisen before 31.08.2004. The written examination for the said post was conducted and due to administrative exigencies arisen during that period, issuance of appointment order was got delayed and that the posting of this petitioner was issued on 10.02.2005.

3. It is further averred that during the relevant period, when the notification mentioned supra, the other Units of Principal District and Sessions Judge, which were under the control of the Hon’ble High Court for the composite State of Andhra Pradesh also issued notifications for filling of the posts that arose prior to 31.08.2004, posts were filled up, appointment orders were given prior to 31.08.2004 and those persons were covered under Old Pension Scheme. But, in the Unit of District and Sessions Judge, Mahabubnagar, the issuance of appointment letters prior to 31.08.2004 got delayed due to administrative reasons and that the posting of the petitioner was issued on 10.02.2005. 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 respondents herein are applying new scheme and the Contributory Pension Scheme (CPS) also called as National Pension Scheme (NPS) is