O R D E R

In this Writ Petition, the petitioners are seeking a Writ of Mandamus declaring,

(a) the action of the respondents in not paying monetary benefits to the petitioners in pursuance of proceedings dt.08.07.2022 and in not fixing the pension of the petitioners in the revised pay scales of 2020 and in not paying arrears to them, as illegal, arbitrary and discriminatory and in violation of Articles 14, 16 and 21 of the Constitution of India;

(b) that petitioners are entitled for fixation of their pension/pay in the revised pay scales of 2020 and are entitled for release of arrears thereafter;

(b)(b) that the proceedings issued in Lr.No.HRD/Legal/Rtd.Emp/ 637/2022-23/3181, dt.24.01.2023 of the 2nd respondent are illegal and arbitrary and therefore liable to be set aside;

(c) and to pass such other order or orders.

2. Brief facts leading to the filing of this Writ Petition are that the petitioners are 11 in number and are all retired employees of respondent No.1. They retired from service in various cadres from 2019 to 2021. While the petitioners were in service, the Government of Telangana constituted a Committee on 01.07.2018 for revision of pay scales of its employees and the Committee submitted its report on 31.03.2020 recommending the revision of the pay scales of the employees. Accordingly, G.O.Ms.No.51, Finance (HRM.IV) Department, 11.06.2021 was issued implementing the recommendations of the Pay Revision Commission (PRC 2020). In the said G.O., it was mentioned that the Revised Pay Scales 2020 (RPS 2020) shall be deemed to have come into force on and from 01.07.2018 and monetary benefits shall be allowed from 01.04.2020 and that the arrears for the period from 01.04.2020 to 31.03.2021 shall be paid at the time of superannuation of the Government employee or to the legal heirs of the employee in case of demise of the employee.

3. All the organizations working under the State Government including respondent No.1 have taken a decision to follow the recommendations of PRC 2020. Accordingly, G.O.Rt.No.464 dt.23.09.2021 for implementation of RPS 2020 to the employees working in TS Oil Fed was issued and in accordance with the said G.O., the petitioners were also entitled for fixation of their pay in the revised pay scales 2020 and also the revised pensionary benefits payable to them in terms of G.O.Ms.No.51 dt.11.06.2021. Accordingly, the TS Oil Fed has created a fund called ‘Employees Superannuation Fund’ in coordination with LIC of India and in terms of the Scheme of the said fund, “an employee who renders the minimum qualifying service of 20 years is eligible for pension or who retired on superannuation as per the State Government rules is also eligible. Pension should be paid at 20% of the basic pay which is drawn on the date of retirement and irrespective of cadre.” According to the petitioners, they are entitled to the benefits under the said G.Os., and in view thereof, the Managing Director of respondent No.1 addressed a letter to the Divisional Manager, LIC of India on 04.02.2022 requesting them to take necessary action to calculate the prevailing annuity rate for payment of pension fund to LIC on account of Telangana State Cooperative Oilseeds Growers’ Federation Limited Employees Superannuation Fund at the earliest. Along with the said letter, the Managing Director enclosed two lists, one pertaining to 29 employees working in TS Oil Fed and the second relating to 11 retired employees. While addressing the letter to LIC, communicating the revised basic pay of the pensioners as per RPS 2020, respondent No.2 requested to calculate the prevailing annuity rate on revised pay so that the difference of annuity amount will be paid to the LIC towards superannuation fund. In reply, the Branch Manager (P&GS), LIC of India has sent a report on 28.03.2021 to respondent No.2 giving the details of the amount payable to the petitioners and other existing staff and also mentioned the amount available with the Trust/LIC and the am