THE HON’BLE SRI JUSTICE B. PRAKASH RAO AND THE HON'BLE SRI JUSTICE G. BHAVANI PRASAD WRIT APPEAL No.372 of 2006 JUDGMENT: (Per GBP,J) This writ appeal is directed against the judgment of the learned single Judge in W.P.No.2437 of 1999 dated 29.08.2005. The employees of Khadi Gramodyog Maha Vidyalaya, Rajendranagar, Hyderabad, filed the writ petition seeking all the benefits which are extended to the employees of the Andhra Pradesh Khadi and Village Industries Board (for short ‘the Board’) including pension, general provident fund etc., as the Maha Vidyalaya is part and parcel of the Board and their employees are also governed by the same service conditions. The eleven writ petitioners referred to the regulations framed in this regard by the State Government extending all the recruitment and service conditions as applicable to the employees of the Board to the employees of Maha Vidyalaya, and the refusal of the State Government and the Board to extend the benefits of the pension scheme applicable to the employees of the Board to the employees of Maha Vidyalaya and similarly refusing to extend the general provident fund scheme to them compelled the writ petitioners to approach the Court with the writ petition. The respondents to the writ petition admitted the regulations of 1996 issued in respect of the posts in Maha Vidyalaya and that the pension scheme was not extended to the employees of Maha Vidyalaya. The learned Single Judge in the impugned judgment referred to the sanction of staff for Maha Vidyalaya and the subsequent issuance of service regulations in 1996 and specifically noted regulation No.7 under which all the Regulations in the Andhra Pradesh Khadi and Village Industries Board Employees (Recruitment and Service Conditions) Regulations, 1996 are made applicable to the employees of the Maha Vidyalaya subject to the specific modifications in the Maha Vidyalaya Employees Regulations of 1996. The learned single Judge also noted the request made by the Chief Executive Officer of the Board to the State Government to extend the pensionary benefits to the employees of the Board which was accepted by the Government and though nothing specific was stated with respect to the employees of Maha Vidyalaya in the said Government Orders, notwithstanding the request of the Chief Executive Officer of the Board, the Government has refused to extend the scheme to the employees of Maha Vidyalaya on the ground that they had separate service rules. When all the conditions of service applicable to the Board are applicable to the employees of Maha Vidyalaya under the regulations made by the Government, the learned Judge found the refusal to extend the pensionary scheme to be discrimination and violative of Articles 14 and 16 of the Constitution of India which has to be set aside and therefore, allowed the writ petition. The State preferred the present writ appeal raising the same contentions as raised in the writ petition. The learned Government Pleader for Industries and Commerce and Dr. P.B. Vijay Kumar, learned counsel for the respondents/writ petitioners are heard. It has been brought to the notice of this Court by the learned counsel for both the parties that in fact the Industries and Commerce Department has addressed the Board on 28.06.2010 to take a decision in compliance with the orders of this Court for extension of the pensionary scheme to the employees of Maha Vidyalaya on par with the employees of the Board and to work out the financial commitment and the manner in which the expenditure will be met. This communication was in response to the letter of the Chief Executive Officer of the Board dated 29.04.2010. The Board furnished the required information sought for in its letter dated 21.07.2010 and the matter is stated to be under favourable consideration of the Government in Finance Department as of now. These subsequent events make continuance of the writ appeal not necessary. Even otherwise, the impugned judgment does not call for interference in any manner. The service regulations of Maha Vidyalaya employees specifically extended all the service conditions of the employees of the board to them and when the pensionary scheme is extended to the employees of the Board, the employees of Maha Vidyalaya are entitled to the benefits of the same scheme and the conclusion with reference to Articles 14 and 16 of the Constitution of India has to be in any view sustained. In the circumstances, the Writ Appeal is dismissed. No costs. ___________________ (B. PRAKASH RAO, J) 10th August, 2010 _______________________ (G. BHAVANI PRASAD, J) GHN