IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 13439 of 2008 Between: 1 M.S Vivekananda S/o.M.S.Narayana Murthy H.No.2-2/9A Janda Street Mutyalam Padu Vijayawada,Krishna District 2 K.Madhava Reddy S/o.K.Veera Reddy H.No.33-81 Plot No.60 RTC Colony rumalagiri,Secunderabad 3 B.Bala Kishan S/o.B.Rangaiah APSRTC H.No.9-52/3 New Dilsuknagar Colony Near Andhra Pradesh Vikasnagar Branch, Hyderabad 4 K.Eswara Prasad S/o.Late Subba Rao APSRTC H.No.14-34, Poranki(Post) Karanam Street Penamaluru(M) Krishna District 5 S.Mala Kondaiah S/o.Late Kasaiah APSRTC D.No.4-52/4/SFI Ganganamma Gidi Road (Cement Road) Gollapudi,Vijayawada Rural Krishna District 6 Madhava Rao S/o.M.Venkata Rao APSRTC Plot No.40 Nirmala Nagar Kurnool 7 L.Nagi Reddy S/o.L.Venkata Rami Reddy H.No.MIG-34 Near APHB Colony Abbas Nagar Kurnool District 8 K.Narasimha Reddy S/o.K.Venkat Reddy H.No.239 Reddy Colony Chanda Nagar R.R District Hyderabad 9 B.Sogadeshwara Rao S/o.Tirupathaiah APSRTC H.No.74-29/1-4/1 Lalbahadur Sastry Road Ayyappanagar Vijayawada,Krishna District 10 J.Ramachandera Rao S/o.J.Krishna Murthy D.No.15-10-06 10th Ward Gumastala Veedi Near Veeramma Park Bhimavaram West Godavari District ..... PETITIONERS AND 1 The A.P.S.R.T.C Musheerabad Hyderabad Rep.by its Managing Director 2 The Provident Fund Organization rep. by its Regional Provident Fund Commissioner Bhavishyanidi Bhavan Regional Office Barkathpura Hyderabad 3 The Assistant Commissioner Provident Fund Office Barkathpura Hyderabad .....RESPONDENTS 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, order or direction more particularly one in the nature of writ of Mandamus by declaring the action of the respondents 2&3 in not taking in to consideration petitioners option for higher pension as illegal and arbitrary and consequently direct the respondents 2&3 to release the pension at the rate of higher amounts in the Revised pay Scales 2005 by issuing Revised pension payment orders along with 12% interest per annum basing on the higher options made by the petitioners . Counsel for the Petitioners: MR.M.VENKAT RAM REDDY Counsel for the Respondents: C.PRAKASH REDDY(SC FOR APSRTC) The Court made the following ORDER: The petitioners were employed in A.P.S.R.T.C. and have since retired from service. A Scheme for payment of pension, to its retired employees, was introduced by the Corporation. The petitioners opted to be governed by it and gave their consent for deduction of higher amount of contribution. The Provident Fund Organization, the second respondent herein, undertook to enforce the scheme, duly receiving the contributions. After the petitioners retired from service, their pension was fixed at various amounts. All the petitioners have submitted representations to the respondents herein stating that they are entitled to be paid higher amount of pension. Their grievance is that the representations were not disposed of, as yet, and they are suffering monetary loss. Heard Sri M.Venkat Ram Reddy, learned counsel for the petitioners, Sri C.Prakash Reddy, learned counsel for the first respondent and Sri R.N.Reddy, learned counsel for respondents 2 and 3. The purpose of the scheme, the extent of contribution made by the petitioners and the formula, at which the pension is to be fixed, are not immediately before this Court. The petitioners have made representations, ventilating their grievance, about the quantum of pension. Inasmuch as the pension is treated as enforceable right and that substantial contribution is made by the petitioners, while in service, the matter cannot brook further delay. The respondents cannot sit over the matter indefinitely and the livelihood of petitioners is very much in stake. Hence, the writ petition is disposed of, directing the respondents herein to pass appropriate orders, within a period of two (2) months, from the date of receipt of a copy of this order, on the representations made by the petitioners. To avoid uncertainty, it is directed that the petitioners shall enclose copies of their representations along with a copy of this order. There shall be no order as to costs. ________________________ L.NARASIMHA REDDY, J Dt:26.06.2008 kdl ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}