IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE V.ESWARAIAH and THE HON'BLE SRI JUSTICE P.SWAROOP REDDY WRIT PETITION NO : 11697 of 2000 Between: Mohd.Rahimuddin, S/o.Late Shaik Dawood, R/o.Hyderabad. ..... PETITIONER AND 1 The Asst.Pension Payment Officer, Motigalli , Hyderabad. 2 The Joint Director, Pension Payment Officer, M.J.Market, Hyderabad. 3 The Secretary To Government, Finance and Pensions Department, Government of A.P., Secretariat, Hyderabad. 4 The Registrar, A.P.Administrative Tribunal, Hyderabad. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to May be pleased to issue an appropriate writ , order or direction more particularly in the nature of Writ of Mandamus declaring the orders of Hon'ble Tribunal in O.A.No.8262/98 Dt: 5-5-2000 as arbitrary , illegal and unjust and consequently direct the respondents to raise the compensation pension of the petitioner from Rs.370/-P.M to Rs.1275/-P.M as ordered in G.O.(P) Finance , Dt: 16-9-99 and also to enhance this minimum pension as and when it is increased and pass such other and further orders. Counsel for the Petitioner: MR.P.RAMABRAHMAM Counsel for the Respondents: GP FOR FINANCE & PLANNING The Court made the following : Form-NIC-OGS/WP{PRASAD} HONOURABLE SRI JUSTICE V.ESWARAIAH AND HONOURABLE SRI JUSTICE P.SWAROOP REDDY W.P.No.11697 of 2000 ORDER: (Per Hon’ble Sri Justice V.Eswaraiah) The petitioner filed an application in O.A.No.3660 of 1994 on the file of the AP Administrative Tribunal, Hyderabad, seeking a direction for payment of the raised pension at Rs.370/- per month alone in respect of his service in erstwhile Hyderabad, as a compensatory pension in addition to the service pension, granted by the Government for his substitute working in the State of A.P. and also should pay the usual allowances, and not to recover the excess amount of Rs.31,173/- which was already paid to him by the authorities. The said O.A. was allowed by order dated 23-09-1997 holding that as per the orders of the Government in G.O.Ms.No.75, dated 07-03-1990, there is no prohibition for payment of the basic pension of Rs.370/- per month as the compensation pension as well as the service pension. Accordingly, the respondents herein are directed to re-fix the whole issue keeping in view of the judgment of the Supreme Court in the case of Consumer Education and Research Centre and others Vs. Union of India and others[1] and pass appropriate orders on the request of the petitioner for payment of the basic pension of Rs.370/- per month as compensation pension. 2. Pursuant to the said order of the Tribunal, the Government issued G.O.Ms.No.52 Finance and Planning Department, dated 02-04- 1998, holding that the petitioner is entitled to compensation pension as well as service pension. Accordingly, he was allowed to draw both the pensions. However, he will be entitled to receive Dearness Relief of one pension only i.e. either of the compensation pension or service pension, but not of both the pensions. Accordingly, the petitioner, apart from the compensation pension at Rs.370/- per month, is also paid regular pension of Rs.1296/- and the dearness relief on the regular pension. 3. Thereafter, the petitioner filed the present O.A.No.8262 of 1998 for increase of the basic pension of Rs.370/-, being paid to the petitioner as compensation payment, by 10% as per the orders in G.O (P) No.303, dated 02-09-1994. The Tribunal by order dated 05-05-2000, dismissed the said O.A. holding that the petitioner is not entitled for two pensions as per the G.O.Ms.No.303, dated 02-09-1994. However, since the Government earlier agreed to enhance his compensation pension to Rs.370/- per month, again the petitioner is not entitled for any further enhancement of the compensation pension, but he is entitled for the enhancement of regular pension as per the pay revisions. Aggrieved by the said order, the petitioner filed this writ petition seeking a direction to raise the compensation pension from Rs.370 to Rs.1275/- per month as per order in G.O (P).No.156 Finance, dated 16- 09-1999. 4. The petitioner never approached the Tribunal seeking relief for payment of the enhanced pensions as per the orders of the Government in G.O. (P).No.156, dated 16-09-1999. He is seeking the said relief for the first time in this writ petition alone. Even under G.O.(P).No.156, dated 16- 09-1999 also, there is no provision for payment of the two pensions. But, it only says that a minimum pension be fixed at Rs.1275/- per month with regard to the pension payable is less than Rs.1275/- per month. Admittedly, the petitioner is getting more than Rs.1275/- per month of regular pension, apart from Rs.370/- of compensation pension. 5. In view of the aforesaid facts and circumstances, we are of the opinion that the petitioner is not entitled to any relief even according to the order of the Government issued in G.O.Ms.No.156, dated 16-09-1999. 6. The writ petition is, accordingly, dismissed. No costs. _____________________ JUSTICE V.ESWARAIAH ___________________________ 23rd July 2009 JUSTICE P.SWAROOP REDDY Kvr [1] 1995 (3) S.C.C. 42