IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 23991 of 2005 Between: 1 K.Gangadhara Rao, S/o.K.Sreeramulu, R/o.Vijayawada. 2 E.S.R.K.Prasad, S/o.E.Lakshmi Narayana, R/o.Vijayawada. 3 D.Krishna Prasad, S/o.Madhusudhan Rao, R/o.Vijayawada. ..... PETITIONER(S) AND 1 The Government of A.P, Rep by its Secretary, Education department, Secretariat, Hyderabad. 2 The Accountant General, Indian Audit and Accounts Department, Secretariat, Hyderabad. 3 The Commissioner and Director of Higher Education, Nampally, Hyderabad. 4 Andhra Loyola College, Vijayawada, Rep by its Corresponent & Secretary. .....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 an order or direction more particularly one in the nature of writ of Mandamus; Declaring the action of the respondents in denying the pensionary benefits under Andhra Pradesh Rules of 1980 to the petitioners herein to grant and disburse the pensionary benefits to petitioner herein as per Andhra Pradesh Revised Pension Rules of 1980 with effect from the date of their retirement with all consequential benefits and to grant 18% P.A. interest on the arrears of pensionary benefits payable to petitioners with effect from the date of retirement and pass such other and further order or orders. Counsel for the Petitioners: MR.ABHINAND KUMAR SHAVILI Counsel for the Respondent Nos.1 to 4: GP FOR EDUCATION The Court made the following : ORDER Learned counsel on either side fairly conceded that the issue involved in this writ petition is squarely covered by a Judgment of this Court in WP.No.1635 of 1999 and batch dated 28.4.2005, wherein it was held under: “… the only objection taken by the respondents that since the petitioners have retired voluntarily, they are not entitled for extending the benefits under the A.P. Revised Pension Rules, 1980 is arbitrary and illegal. A.P. Revised Pension Rules, 1980 do contemplate voluntary retirement apart from retirement on attaining the age of superannuation. In this case, admittedly, the petitioners applied for voluntary retirement between 31-12-1988 and 8-1-1993. Once A.P. Revised Pension Rules, 1980 are made applicable m u t a t e s mutandis to the teachers/lectures working in aided private colleges, their cases also need be considered even for extending the benefits under the A.P. Revised Pension Rules, 1980 even if they retired voluntarily. A.P. Revised Pension Rules, 1980 are applicable from the date of their inception i.e., from 29-10-1979 as held by this Court in W.P.No.2089 of 1990 and batch. There is no reason as to why the same ratio is not made applicable to the persons, who retired voluntarily, for the purpose of extension of the benefits under the A.P. Revised Pension Rules, 1980. For all the above reasons, the writ petitions are allowed and the respondents are directed to grant the benefits of A.P. Revised Pension Rules, 1980 to the petitioners and disburse the pensionary benefits to them as per the said Rules with effect from the respective dates of their retirement with all consequential benefits, within a period of three months from the date of receipt of a copy of this order. However, if the petitioners have gained any advantage even for a short period over and above what they are entitled under the A.P. Revised Pension Rules, 1980 while extending the A.P. Liberalized Pension Rules, 1961 in their cases earlier, the same is liable to be deducted while working out the benefits as stated above. Accordingly, the writ petition is also allowed in terms of the above Judgment. No costs. ___________ 11-03-2008 rkk .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Government of A.P, Rep by its Secretary, Education department, Secretariat, Hyderabad. 2 The Accountant General, Indian Audit and Accounts Department, Secretariat, Hyderabad. 3 The Commissioner and Director of Higher Education, Nampally, Hyderabad. 4 Andhra Loyola College, Vijayawada, Rep by its Corresponent & Secretary. 5. 2CD copies