THE HON’BLE SRI JUSTICE P.SAM KOSHY AND THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO WRIT PETITION NO.21175 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 3, 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 similar to the Government of India Official Memorandum dated 17.02.2020 & 03.03.2023, as well as the Government of A.P., vide Circular No.U.O Note No.1273065/Fin/ 01/HROMISC/87/2020-HR III, dated 03.03.2025, so as to give effect to the petitioner herein…”

2. The brief facts of the case are that, in pursuant to the notification No.2/2003-RC dated 11.08.2003, petitioner was appointed as Junior Civil Judge vide G.O.Ms.No.79, Law (LA& J Courts.CI) Department dated 13.06.2005 of combined State of Andhra Pradesh and posted as Junior Civil Judge vide proceedings in RPC No.1060-B.Spl, dated 25.08.2005 at Cyberabad, Medchal and that the petitioner is promoted and working as 1^st Additional District Judge, Gadwal, Mahbubnagar District. It is further averred that Notification No.2/2003-RC issued by the Hon’ble High Court for the combined State of Andhra Pradesh dated 11.08.2003 through direct recruitment in the vacancy arisen before 11.08.2003. The written examination for the said post was conducted in the year 2003 and the petitioner along with batch of officers were declared to have been selected. That due to administrative exigencies arisen during that period, issuance of G.O.Ms.No.79 and consequent appointment letters were got delayed and that the posting of this petitioner was issued on 25.08.2005. 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 respondent herein are applying new scheme and the Contributory Pension Scheme (CPS) also called as National Pension Scheme (NPS) is being implemented for the employees whose appointments are after

01.09.2004.

3. It is stated that in the budget for 2001-2002, the Government of India has announced that all New Pension Schemes based on a defined contribution would be implemented in respect of Central Government Services 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 the State of Telangana vide its G.O.Ms.No.653, Finance (Pension-I) Department, dated 22.09.2004 have decided to adopt the Government of India’s New Pension S