IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 25307 of 1998 Between: P.Nelabaludu S/o Ramaiah S.R Arts and Science College , Kothagudem , Khammam District, Presently R/o Ganesh Basthi , kothagudem , Khammam District. ..... PETITIONER AND 1 State of Andhra Pradesh Rep by Secretary Education Department , Secretariat Buildings, Hyderabad 2 The Director of Collegiate Education A.P, Nampally , Hyderabad 3 Accountant General (A&E) A.P, Hyderabad 4 Sri Ramachandra Arts and Science College Rep by its Special Officer 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 issue a writ or order one in Nature of Mandamus : i) Declare the A.P aided Colleges Staff Pension Rules 1993 issued in G.O Ms.2 , Education Department dated 5-1-94 which Disqualifies the grant of pension and pensionary benefits as per 1980 Revised pension rules as illegal , arbitrary and offends Art.14, 16, and 21 of the Constitution of India . ii) Declare that the petitioner is entitled to be granted pension as per 1980 revised pension rules by counting the entire service , i.e from 5-2-71 to 30-6-93, irrespective of the fact whether the service is aided or unaided for the purpose of extension of pension and pensionary benefits . iii) Direct the respondents to grant the career Advancement Scheme scale of Rs.3000-5700/- w.e.f 1-1-86 and Rs. 3700/- to 5700/- scale from 1-4-92. iv) Direct the respondent to count the entire service of the petitioner from 5-2-71 to 30-6-93 for the purpose of pension and pensionary benefits as per 1980 revised pension rules. Counsel for the Petitioner: Ms.G.Swathi Counsel for the Respondent Nos.1 to 4 : GP FOR HIGHER EDUCATION W P.No: 32829 of 1998 Between: 1 R.Vijay Raja Kumar, S/o. R.Krishna Murthy. Siddhartha College, Vijayawada. 2 P.Raja Mouli, S/o. P.Venkateswara Sastry, Siddhartha College, Vijayawada. 3 Anne Karunakar Prasad, S/o. Anne Chalamaiah, Siddhartha College, Vijayawada. 4 M.Ramakrishna Rao, S/o. Venkateswara Rao. Siddhartha College, Vijayawada. ..... PETITIONER(S) AND 1 State of A.P., Rep. Secretary Education Dept., Higher Education, Secretariat, Hyderabad. 2 Commissioner of Collegiate Edn., Govt. of A.P., Nampally, Hyderabad. 3 Regional Joint Director of Higher Education, Guntur. 4 Siddhartha College, Rep. Secretary and Correspondent, Vijayawada. .....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 issue a Writ or order or direction especially one in the nature of Mandamus:- i) declare that the petitioners are entitled to count their entire service as Lecturers for the purpose of extension of the Career Advancement Scheme benefits as illegal, arbitrary and offends Articles 14, 16 and 21 of the Constitution of India; ii) compel the respondents to extend the Career Advancement Scheme benefits as per G.O.Ms.No. 520, Education, dated 15/12/1988 to the petitioners by counting their entire service as Lecturers and grant all the consequential benefits, iii) declare G.O.Ms.No.41, Education dated 12/02/1988 as illegal, arbitrary and without jurisdiction and set aside the same; iv) to grant such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Ms.G.Swathi Counsel for the Respondent Nos.1 to 4: GP FOR HIGHER EDUCATION The Court made the following : COMMON ORDER: The short question that falls for consideration in these writ petitions is whether the service rendered by the petitioners in an un-aided post can be counted for the purpose of extending the benefits under the Career Advancement Scheme. In this regard, learned counsel for the petitioners relied upon the judgment rendered in WP No. 8176 of 1996. Learned counsel for the respondents placed before this Court Act 26 of 2006, whereunder it was declared that the un-aided service rendered by a lecturer of an aided college, cannot be counted for the purpose of Career Advancement Scheme. In view of the provisions of Act 26/2006, I am of the opinion that the claim of the petitioners cannot be considered. The writ petitions are, accordingly, dismissed, leaving liberty to the petitioners to challenge the Act 26 of 2006, if they are so advised. No costs. _________ 17-04-2008 rkk ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 State of A.P., Rep. Secretary Education Dept., Higher Education, Secretariat, Hyderabad. 2 Commissioner of Collegiate Edn., Govt. of A.P., Nampally, Hyderabad. 3 Regional Joint Director of Higher Education, Guntur. 4 Siddhartha College, Rep. Secretary and Correspondent, Vijayawada. 5. The Director of Collegiate Education A.P, Nampally , Hyderabad 6. Accountant General (A&E) A.P, Hyderabad 7. Sri Ramachandra Arts and Science College Rep by its Special Officer Hyderabad 8. 2CD copies