IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION No.27006 of 1998 Between: K.Venkateswara Rao, S/o. K.Krishna Murthy, D.N.R.College, Bhimavaram. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep., by its Secretary, Education Dept., Secretariat Buildings, Hyderabad. 2 Director of Collegiate Education, Govt. of A.P., Nampally, Hyderabad. 3 Regional Joint Director of Higher Education, Rajahmundry (East Godavari District.) 4 Accountant-General (A&E), Andhra Pradesh, Saifabad, Hyderabad-500 004. 5 D.N.R.College, Rep., by its Secretary and Correspondent. Bhimavaram (W.G.District), .....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 or order or orders direction especially one in the nature of Mandamus : i) declare the action of the respondents in not counting the unaided service of the petitioner from 24.6.1974 to 31.3.1980 for extension of pension and pensionary benefits is illegal, arbitrary and without jurisdiction; ii) direct the respondents to count the petitioner's service from 24.6.1974 to 31.3.1980 at D.N.R.College, Bhimavaram, for the purpose of extension of pension and pensionary benefits; iii) direct the respondents to grant 5 years weightage while calculating my service for granting pension and pensionary benefits; iv) to grant such other relief or reliefs as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Counsel for the Respondents: GP FOR HIGHER EDUCATION The Court made the following : ORDER: This writ petition is filed by the learned counsel viz., V.Jogayya Sarma and V.Venkata Rao. Unfortunately, both the learned counsel died during the pendency of this writ petition, as such, this Court ordered notice to the petitioner. Since the petitioner has given the college address, the notice sent to him was returned unserved with an endorsement that the petitioner has retired from service. In the absence of any residential address it is not possible to serve personal notice also on the petitioner. Heard the leaned Government Pleader for Higher Education appearing for the respondents and perused the material available on record. In this writ petition, the petitioner, who is a retired lecturer in Statistics (Head of the Department), D.N.R.College, Bhimavaram seeks a direction by way of mandamus to count his unaided service from 24.06.1974 to 31.03.1980 for the purpose of computation of pension and other benefits. A counter-affidavit is filed on behalf of the respondents stating that unaided service of the petitioner cannot be counted for the purpose of pension, as only the service rendered by an employee by receiving remuneration from the general revenue i.e., from the consolidated fund of the State is to be reckoned for the purpose of pension. It is also stated that the payment was controlled by the Government. It is further stated that an Officer retiring from service from 01.04.1961 is governed by the Andhra Pradesh Liberalised Pension Rules, 1961 and in view of the subsequent Rules under the Revised Pension Rules, 1980, the petitioner is not eligible for computation of unaided service. From the counter-affidavit filed on behalf of the respondents, it is clear that unaided service cannot be counted for the purpose of pension and other benefits. Even in the affidavit filed in support of the writ petition, no valid averments were made so as to seek direction for computation of unaided service. In that view of the matter, I do not find any merit in this writ petition for grant of directions as prayed for. The writ petition is accordingly dismissed. There shall be no order as to costs. ___________________ R.SUBHASH REDDY, J Date: 06.02.2009 va