THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION NO.10726 OF 2004 Date: 06.09.2011 Between: Dr.Syed Dastagir Pasha …..Petitioner And The Government of A.P., rep. by its Secretary, Education Department, Secretariat, Hyderabad and others …..Respondents THE COURT MADE THE FOLLOWING: THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION NO.10726 OF 2004 ORDER: Petitioner has filed this writ petition wherein he has prayed that a direction be issued to the respondents to count his service rendered from 29.12.1966 to 24.07.1977 as Junior Assistant in the office of Director, State T.B. Centre, Hyderabad (Medical & Health) Department in terms of Rule 26 of the Pension Rules and further the respondents be directed to sanction the petitioner full pension and other retiral benefits. 2. The facts of the case are that the petitioner was originally appointed as Junior Assistant in the office of Director, State T.B. Centre, Hyderabad (Medical & Health) Department on 29.12.1966. He was selected by the Andhra Pradesh Public Service Commission. Thereafter, the petitioner was offered appointment as a Junior Lecturer in the third respondent college, which is a Government aided college. The petitioner continued to serve as a Lecturer in Economics and retired from service on attaining the age of superannuation on 31.10.2001. After his retirement, as the respondents have not reckoned the service rendered by him from 29.12.1966 to 24.07.1977 for the purpose of full pension, the petitioner filed a representation before the competent authority to count the aforesaid period and grant him full pension and other retiral benefits. 3. Application of the petitioner for revision of his pension for counting the service rendered by him in the office of Director, State T.B. Centre, Hyderabad (Medical & Health) Department was forwarded for onward transmission to the Accountant General (A & E), Andhra Pradesh, Hyderabad vide letter issued by the Correspondent/Principal, Islamia Junior College, Warangal dated 26.11.2002. Thereafter, vide letter dated 23.1.2003, the Commissioner of Intermediate Education, Andhra Pradesh, Hyderabad also forwarded the revised pension papers of the petitioner along with his service register to the Accountant General (A & E), Andhra Pradesh, Hyderabad for revision of his pension and other pensionary benefits as per rules in force. 4. Learned counsel for the petitioner submits that despite recommending the case of the petitioner for revised pension, the fourth respondent has not considered his case and has not passed any orders. 5. On behalf of the fourth respondent, it has been averred that vide letter dated 25.03.2003, the fourth respondent addressed a letter to the second respondent wherein it was enquired as to whether permission was accorded to the petitioner to leave Medical Education Department and join as Junior Lecturer in the Education Department. In reply to the said letter, the second respondent sent service register and revised pension papers of the petitioner to the fourth respondent. Thereafter, no-objection certificate was issued dated 21.2.2004 by the office of the Director, State T.B. Dem. and Training Centre, Hyderabad. 6. Learned counsel for petitioner submits that despite the clarification given by the respondents 2, 3, and 5 to the fourth respondent, his case for revision of his pension has not been considered. 7. After hearing the counsel for the parties, it is clear that the petitioner has rendered continuous service right from 29.12.1966 to 24.07.1977 as a Junior Assistant and thereafter as a Junior Lecturer in Economics with the third respondent. From the aforementioned facts, it is clear that the service of the petitioner has been continuous without any break and therefore, the period of service rendered by him from 29.12.1966 to 24.07.1977 ought to have been considered by the fourth respondent while fixing his pension. 8. In view of the abovementioned facts, this writ petition is allowed by directing the fourth respondent to count entire service period of the petitioner i.e. from 29.12.1966 upto the date of his superannuation as the continuous period of service and re-fix his pension accordingly. The petitioner is also entitled to all consequential benefits including arrears of pension. After fixation, the needful will be done within a period of three months and the petitioner be paid all his consequential benefits within the aforesaid period. No costs. ________________________________ JUSTICE ASHUTOSH MOHUNTA 6th September, 2011 Tjmr THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION NO.10726 OF 2004 DATE: 06.09.2011