IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO : 3456 of 2001 Between: V.Lakshmi Narsimha Ghanapati S/o Sivaiah Vijayawada. ..... PETITIONER AND 1 Govt of A.P., Rep by its Secretary, Dept of Endowments, A.P., Hyd. 2 The Commissioner, Endowments, A.P., Hyd. 3 Durga Malleswara Devasthanam, Vijayawada. .....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 of mandamus or any other appropriate writ, order or direction declaring i) the action of the respondents in not giving clariﬁcation as requested in the Lr.no.42501/343/J3/90 dt 10-10- 1990 addressed by the Audit Oﬃcer, Local Funds Directorate, A.P., as arbitrary, illegal and unjust, ii) declaring the petitioner is entitled to count 65 yrs as qualifying is entitled to count 65yrs as qualifying service for the purpose of ﬁxation of his pension under A.P. revised Pension rules of 1980, iii) declaring the action of respondents in not reﬁxing the pension of the petitioner which was ﬁxed on 7-3-96 talking qualifying service as 65yrs, and in accordance with A.P., Revised Pension Rules, and not paying the retirement gratuity in accordance with Revised Pension Rules taking qualifying service at 65 yrs, as arbitrary & illegal, and issue consequential direction to the respondents to forth-with order for reﬁxing of the pension of the petitioner taking his qualifying service at 65yrs, in accordance with A.P. Revised Pension Rules of 1980, to re-ﬁx and pay Gratuity in accordance with A.P. revised pension rules of 1980 taking the qualifying service at 65 yrs, direct the respondents to [ay the interest at 12% p.a. & re-ﬁx pension from the date on which pension is payable till it is paid. Counsel for the Petitioner:MR.P.R.PRASAD Counsel for the Respondents: GP FOR ENDOWMENTS The Court made the following : THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR WRIT PETITION NO :3456 of 2001 ORAL ORDER: The present Writ Petition is filed challenging the action of the Respondents in not revising the Pension of the Petitioner taking into account the qualifying service upto the age of 65 years in accordance with the A.P. Revised Pension Rules, 1980 and in not paying the Retirement Gratuity in accordance with the said Rules. It is submitted that pursuant to the Order dated 28.2.2001 passed by this Court in W.P.M.P. No. 4428 of 2001 in W.P. No. 3456 of 2001, the Respondents re-calculated the Pensionary benefits payable to the Petitioner under the A.P. Revised Pension Rules, 1980, as applicable to Devasthanam Employees and the Petitioner is being paid Pension in accordance with the said Order even till date. The Respondents have not chosen to ﬁle counter aﬃdavit in the Writ Petition. In the light of the fact that the Respondents have chosen to abide by the interim order dated 28.2.2001 passed by this Court and have not come forward with a counter to rebut the claim of the Petitioner, it is manifest that the Respondents do not wish to traverse the claim put forth in the Writ Petition. The Writ Petition is accordingly disposed of making absolute the interim order dated 28.2.2001 passed in W.P.M.P. No. 4428 of 2001 in W.P. No. 3456 of 2001. There shall be no order as to costs. ________________​______ P.V. SANJAY KUMAR,J DATE: 11th September, 2008 Pnb