IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE SEVENTH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.13929 of 2004 Between: B.Y.Prabhudas and another … Petitioners And The Bishop & the Chairman, Board of Education, CSI Medak Diocese, Medak, and others … Respondents THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.13929 of 2004 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the action of the 1st respondent in stopping of pension to both the petitioners from November, 2002, as illegal arbitrary and consequently direct the 1st respondent to continue to pay pension from November, 2002 and also the pensionary benefits accrued from time to time viz., (i) D.A. slab from 01.01.1997; (ii) Revision of Pension in terms of G.O. (P) No.156, dated 16.09.1999 and (iii) Commuted Pension payable at the time of retirement as applicable to the Government and Aided School Retired Teachers. The case of the petitioners 1 and 2, who are husband and wife, in brief, is that they were appointed as School Assistants in CSI High School at Medak and Bellampally on 10.06.1959 and 10.06.1964, respectively and got promotion as Principal and Correspondent in Government Aided High Schools managed by CSI Medak Diocese. Thereafter, the 1st petitioner was retired from his service in the month of June, 1993 at CSI High School, Bellampally and the 2nd petitioner was retired from her service in the month of May, 1997 at Wesley Boys High School, Secunderabad. It is submitted that in the last phase of their service, they were transferred to Wesley Boys High School at Secunderabad, which is an unaided High School managed by CSI Medak Diocese. It is also submitted that there was some misunderstanding with the Medak Diocese on account of which the 1st petitioner’s services were withdrawn and posted to Wesley Boys High School, Secunderabad. When the question of Grade-I salary and pensionary benefits arose, the 1st respondent again transferred him to CSI High School, Bellampally where he retired from service. Subsequently, the transfer of the 1st petitioner was not approved. Therefore, he filed W.P. No.4512 of 1987 before this Court and the same was allowed vide judgment dated 22.11.1988 directing the respondents 1 and 2 therein to pay the salary of Grade-I School Assistant after adjusting the amount already paid to him as Grade-II School Assistant from 10.08.1981. Further, the respondents were also directed to give the petitioner posting as Grade-I School Assistant pursuant to the proceedings of the District Education Officer dated 10.08.1981. When the 1st petitioner retired from service, again the question of payment of pension came up for consideration before this Court and he filed W.P. No.10402 of 1992 and the same was disposed of vide order dated 11.10.1993 directing the respondents therein to consider the case of the petitioner for payment of terminal benefits such as pension, gratuity etc., within a period of one month from the date of receipt of a copy of the order. The 1st respondent, in obedience of the directions of this Court, granted Grade-I Pay Scale and pensionary benefits, gratuity etc., and were calculated and paid to him and continued the payment of pension till October, 2002. The 1st respondent suddenly stopped payment of pension from November, 2002 to both the petitioners without any reason and without implementing the accrued benefits as granted by the Government from time to time. A number of representations were submitted to the 1st respondent and the 1st respondent promising to consider the representations, appointed a Sub-committee of Education Board to calculate pensionary benefits accrued to the 1st petitioner and to determine the quantum of pension payable to him. But right from November, 2002 till date, the 1st petitioner is not paid any pension and the matter is being postponed from time to time, without any reason whatsoever. Similarly, the 2nd petitioner was also paid pension and terminal benefits according to the Aided School Teachers Pension Rules, in which, both of them worked and retired from service. Even the Medak Diocese managed High School, Junior College, Wesley Boys High School, the Board of Governors, in accordance with the Constitution of Medak Diocese, held a meeting on 15.09.1993 and resolved that all those members of the staff appointed prior to 01.08.1982 shall be entitled to get retirement benefits, on par with their counterpart in the Government and Aided institutions. Thus, the 2nd petitioner was also being paid pension and terminal benefits, on par with the Government and Aided School Teachers and the same were paid up to October, 2002. Thereafter, she has also applied to the 1st respondent for payment of pension, which was stopped from November, 2002 without any reasons whatsoever and stated that on account of some financial difficulty, funds were diverted to the Medical College, Nizamabad from out of the pension corpus fund which is absolutely does not stand to any reason. Hence, the present writ petition. No counter has been filed. The learned counsel for the petitioners submitted that both the petitioners have served in the 1st respondent’s institution, which is aided school, and retired from service in the cadre of Principal and Correspondent. Since the 1st petitioner was not paid terminal benefits etc., he filed a writ petition and by virtue of the directions of this Court, the same were paid to both the petitioners till October, 2002 but thereafter, for the reasons best known to them, the pensionary benefits were stopped. He further submitted that the Government issued G.O. (P) No.156, dated 16.09.1999 of Finance & Planning (F.W.Pension-I) that the sanction of consolidated pension to pensioners retired in the pre-revised scales of pay, 1999 – Enhancement of Minimum Pension – Enhancement of Financial Assistance – Sanction of Dearness Allowance and pursuant to the same, the petitioners are entitled to the said benefits. The main grievance of the petitioners is that though they have been paid pension for some period and the same has been stopped from November, 2002 without there being any reason and in respect of the same, they stated to have made several representations to the respondents and the same are pending with the respondents. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel and in view of the fact that no counter has been filed, I deem appropriate to dispose of the writ petition with the following direction: The respondents are directed to consider the case of the petitioners for payment of pensionary benefits with effect from November, 2002 including the benefits accrued to the petitioners under the various Government orders including the G.O.(P) No.156, dated 16.09.1999 of Finance & Planning (F.W.Pension-I) Department, within a period of two months from the date of receipt of a copy of this order, and continue to pay the same, in accordance with law. With the above direction, this writ petition is disposed of. There shall be no order as to costs. ___________________________ JUSTICE G. CHANDRAIAH Date: 07.06.2010. LSK