M.Munawar Sultan vs. The State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble T. Rajani
Case Status:Disposed
Order Date:28 Jan 2020
CNR:APHC010316102019

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble T. Rajani

Listed On:

28 Jan 2020

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Order Text

SMT. JUSTICE T.RAJANI

WRIT PETITION No. 14945 OF 2019

ORDER:

This writ petition is filed seeking to declare the action of respondent Nos. 1 and 2 in not paying pension to the petitioners and denying extension of A.P. Revised Pension Rules, 1980, to the petitioner as illegal and arbitrary and consequently to direct respondent Nos. 1 and 2 to pay pensionary benefits to the petitioners in accordance with A.P. Revised Pension Rules, 1980.

2. Heard.

  1. Learned counsel for the petitioners submits that with regard to eligibility of the petitioners under A.P. Revised Pension Rules, 1980, there is an order dated 13-08-2002 passed by High Court of Andhra Pradesh at Hyderabad in W.P.Nos. 27381 of 1997 and 20432 of 1999, whereby the respondents therein are directed to pay the pensions/pensionary benefits to the petitioners in accordance with A.P. Revised Pension Rules, 1908, together with arrears within a period of three months from the date of receipt of a copy of the order. The Court also recorded that the respondents did not deny the allegation that the employees in Nizamia Tibbi College, which is second college of Unani Medicine functioning in the State, was extended the benefit of Revised Pension Rules. Against the said

order, the matter was carried in appeal. By common order dated 10-11-2014, a Division Bench of High Court of Judicature at Hyderabad for the State of Telangana and the State of Andhra Pradesh dismissed W.A.Nos. 640 and 1899 of 2003 confirming the order in the above said writ petitions. Then, the matter went up to the Supreme Court. The Supreme Court also dismissed the Special Leave Petitions confirming the order passed in the writ petitions.

  1. Hence, in view of the above, there shall be a direction to the respondents to pay pension/pensionary benefits to the petitioners in accordance with A.P. Revised Pensions Rules, 1980, together with arrears within a period of three months from the date of receipt of a copy of this order.

  2. The writ petition is accordingly allowed. Pending miscellaneous applications, if any, shall stand closed in consequence.

Date: 28-01-2020. ___________ JSK T.RAJANI, J.

2

SMT. JUSTICE T.RAJANI

WRIT PETITION No. 14945 OF 2019

DATE: 28TH JANUARY, 2020

JSK