THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE R.KANTHA RAO WRIT PETITION No. 18735 of 2010 Dated: 17-8-2010 Between: The Zilla Praja Parishad, Krishna, rep. by its Chief Executive Officer at Machilipatnam, Krishna Dist. …Petitioner and P. Punnaiah and others …Respondents ORAL ORDER: (Per Hon’ble Sri Justice Goda Raghuram) The Zilla Praja Parishad, Krishna has instituted this writ petition challenging the order dated 18-8-2009 allowing O.A.No. 5523 of 2009 filed by the 1st respondent herein (the applicant). The applicant was initially appointed on 8-8-1974 as a Conductor in the Mandal Praja Parishad Elementary School and his services regularised in 1988 with effect from 18-6-1993. His probation was declared to have been completed on 18-6-1995 through proceedings dated 3-6-1998 of the Mandal Parishad Development Officer, Avanigadda. Conductor’s post is enumerated in Category 10 of the A.P. Last Grade Service Rules and in accordance with Rule 13 of the A.P. Revised Pension Rules, 1980, qualifying service of a Government servant shall commence from the date he takes charge of the post to which he is first appointed either substantively or in an officiating or temporary capacity, provided that in the case of a Government servant in a Class IV service or post who holds a lien or a suspended lien on a permanent pensionable post prior to 17th November, 1960, service rendered before attaining the age of sixteen years shall not count for any purpose. On the basis of the above Pension Rules, the Tribunal held by the order impugned, that the service of the applicant was governed by the A.P. Last Grade Service Rules to which the A.P. Revised Pension Rules, 1980 are applicable and as per Rule 13 of the later Rule, the applicant was entitled to pension. The Tribunal noticed the contention of the respondent (the petitioner herein) that attempts were being made to reject the claim of the applicant relying on Government’s executive instructions in G.O.Rt.No. 708, Education, dated 23-5-1983 wherein an order of regularisation of Conductors of elementary schools could be made, if they were appointed during 18-1-1974 to 18-4-1981. As the applicant was appointed on 8-8-1974 his services were validly regularised is the finding. The Tribunal held that as the applicant had rendered 34 years of service, he could not be denied pensionery benefits and accordingly allowed the O.A. and directed the petitioner herein to process the pension papers of the applicant and pay the pensionery benefits as per Rules, within eight weeks from the date of receipt of its order. We find no error in the application of law or in exercise of discretion by the learned Tribunal, warranting interference under Article 226 of the Constitution. There are no merits. The writ petition is accordingly dismissed at the stage of admission. No costs. _________________________ GODA RAGHURAM, J _________________________ R. KANTHA RAO, J 17th August, 2010. GRR