IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD FRIDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM and THE HON'BLE MR JUSTICE SANJAY KUMAR WRIT APPEAL NO : 410 of 2006 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 01/03/2005 in WP NO : 12 OF 2002 on the file of the High Court.) Between: B. Rama Devi, W/o. Late B. Subba Rao, Nanakram Bhagwandas Science College, Pattergatti, Hyderabad, R/o. Ameerpet, Hyderabad. ..... APPELLANT AND 1 Government of Andhra Pradesh, Rep. by its Secretary Higher Education, Secretariat, Hyderabad. 2 The Director of Collegiate Education, Andhra Pradesh, Hyderabad. 3 Nanakram Bhagwandas Science College, Pattergatti, Hyderabad, Rep. by its Hon'ble Secretary & Correspondent. .....RESPONDENT(S) Counsel for the Appellant:MR.SADURAJESWARA REDDY Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR WRIT APPEAL NO.410 OF 2006 J U D G M E N T (Per Sri Justice P.V.Sanjay Kumar) In this appeal, the unsuccessful petitioner challenges the order dated 01.03.2006, whereby a learned Judge of this Court dismissed her Writ Petition No.12 of 2002. Therein, the Appellant had sought a declaration that the action of the respondents, vide Proceedings in Rc.No.233/Admn-V-1/2001 dated 28.11.2001, rejecting her request for voluntary retirement on health grounds was illegal and arbitrary and to extend the scheme of voluntary retirement on health grounds to her with all consequential and retiral benefits. The appellant was appointed as a Typist in Nanakram Bhagwandas Science College, Pattargatti, Hyderabad, the third respondent herein, on 07.12.1984. She was appointed in an aided post. While so, owing to her chronic ailments, the appellant applied for voluntary retirement in April, 1998 and again in December, 1999. She was examined by the Medical Board which, by report dated 16.10.2000, certified that she was medically unfit to continue in employment. It is the grievance of the appellant that in spite of the finding by the Medical Board, she was refused permission, under the impugned proceedings dated 28.11.2001, to resort to voluntary retirement on medical invalidation grounds. The ostensible reason for the rejecting of her request was that the scheme of medical invalidation had not been extended to the staff of private aided colleges. Respondents 1 and 2 contest the claim of the appellant, asserting that she had put in only 15 years of service and that the scheme of voluntary retirement on medical grounds had not been extended to the staff working in private aided colleges. They further contend that only an employee who had completed 20 years of qualifying service was entitled to resort to voluntary retirement and the appellant, falling short of this requirement, could not seek the said benefit. Sri Sadu Rajeshwar Reddy, learned counsel appearing for the appellant, contends that G.O.Ms.No.266, Finance & Plg (Fin. Wing: Pen-I) Department, dated 05.09.1980, extended to the non-teaching staff of aided educational institutions all the orders issued in respect of Government Servants with regard to pay, allowances and pension. He would submit that in the light of the above G.O., it was not proper and correct on the part of the respondents to disallow the request of the appellant to retire voluntarily on medical grounds without an adverse effect upon her consequential and retiral benefits. However, the learned counsel is unable to place before us any rule applicable to Government Servants formulating a scheme which permits their voluntary retirement on medical invalidation grounds prior to the completion of the requisite period of 20 years. The learned counsel places reliance on various Government Orders, such as G.O.Ms.No.647, Education (H) Department, dated 11.06.1977, Memo No.2425/J2/84-3 Edn., dated 26.03.1985 communicated by the Director of Higher Education, Andhra Pradesh, under his proceedings Rc.No.1996-C7-5/84 dated 24.04.1985, G.O.Ms.No.35, Finance & Planning (FW-PEN.I) Department, dated 10.04.2000, the proceedings of the Director of Public Instruction, Andhra Pradesh, in Rc.No.212/D3/68 dated 11.01.1968 and G.O.Ms.No.171, Finance and Planning (FW FR.I) Department, 18.07.1981. However, none of these proceedings support the contention of the learned counsel that his client would be entitled to seek voluntary retirement, be it on any ground what-so-ever, prior to the completion of the required 20 years of service. Reliance placed by the learned counsel upon the Judgment of the Supreme Court in MADAN SINGH SHEKHAWAT V/s. UNION OF INDIA[1] is found to be equally unfounded. That was a case where the Supreme Court was seized of the question as to whether disability pension was payable to an employee who sustained an accident while travelling to his home town, treating the same to be as ‘on duty’. The fact situation, being completely dissimilar from the present one, the said decision has no bearing on the present adjudication. We therefore do not find any infirmity with the order under appeal. The appellant having failed to put in the requisite period of service cannot assert a claim for voluntary retirement on medical grounds with consequential and retiral benefits. The Writ Appeal is devoid of merit and is accordingly dismissed. There shall be no order as to costs. ------------------------------ GODA RAGHURAM,J -------------------------------- P.V.SANJAY KUMAR,J 12th DECEMBER, 2008. PGS ( PD ) THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE P.V.SANJAY KUMAR WRIT APPEAL NO.410 OF 2006 (Per Sri Justice P.V.Sanjay Kumar) ________ DECEMBER, 2008. [1] AIR 1999 S.C. 3378