* THE HONOURABLE SRI JUSTICE GODA RAGHURAM + WRIT PETITIONS NO. 13680, 16407 & 23938 of 2001 and 6122 of 2002 % TUESDAY, TWENTYSEVENTH DAY OF JULY, TWO THOUSAND FOUR # ANGR Agricultural University Retired Teachers’ Association, Hyderabad, Represented by its General Secretary, Dr. A.Sreerama Murthy, College of Veterinary Science, Rajendranagar, Hyderabad – 500 030 and Others Petitioners Versus $ Government of A.P., rep. by its Principal Secretary, Finance & Planning (FW-Pension 1) Department, Secretariat, Hyderabad, and others. Respondents ! Counsel for the petitioners : Sri P. Balakrishna Murthy Advocate ^ Counsel for the respondents : Additional Advocate General for respondents 1 and 3; Mr. B.Siva Reddy, Advocate for R-2 < Gist : >Head Note: ? 1. 1983(1) SCC 305 2. 1985(5) SCC 72 3. 1987(4) SCC 31 4. 1990(4) SCC 207 5. 1991(2) SCC 104 6. 1991 Supp II SCC 190 7. 1993(4) SCC 62 8. 1995(5) SCC 730 9. 1996(2) SCC 293 10. 1996(7) SCC 564 11. 1996(11) SCC 1 12. 1997(7) SCC 334 13. 1998(6) SCC 30 14. 1999(2) SCC 71 15. 2001(6) ALD 451 16. (2001)8 SCC 71 17. (1992) Supp II SCC 664 18. (2002) 2 SCC 179 19. (2003)10 SCC 499 20. (2003)10 SCC 503 21. (2004)1 SCC 249 22. (1901) AC 495 23. (1997)1 SCC 208 24. (1997)9 SCC 606 IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTYSEVENTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITIONS NO. 13680, 16407 & 23938 of 2001 and 6122 of 2002 W.P.NO. 13680 OF 2001: Between: 1. ANGR Agricultural University Retired Teachers’ Association, rep by its General Secretary Dr. A. Sreerama Muarthy, College of Veterinary Science, Rajendranagar, Hyderabad – 500 030 2. Dr. M.S.Venkateswarlu s/o M.V.Seshaiah, aged about 67 years, retired Sr. Scientist (Agronomy) ANGRAU r/o 106-A, Sri Saidatta Apartments, Srinivasanagar East, Hyderabad – 38. 3. Dr. R.Radha Ramakrishna Reddy s/o Ramalinga Reddy, aged 68 years, retired Associate Professor (Dairy Science), ANGRAU, r/o 105-A, Metro Grove Apartments, Phase-II, Somajiguda, Hyderabad. ..... PETITIONERS AND 1. Government of A.P., rep. by its Principal Secretary, Finance & Planning (FW-Pension 1) Department, Secretariat Buildings, Hyderabad. 2. ANGR Agricultural University rep. by its Registrar, Rajendranagar, Hyderabad –30, 3. Government of A.P. rep. by its Chief Secretary, Secretariat, Hyderabad. .....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, order or direction more particularly one in the nature of Mandamus a. To declare the action of the respondent in denying the benefit to pre-1996 UGC scale retirees as against post-1996 retirees in the matter of computation of pension from 1.1.1996 and assigning 1.7.1998 to the petitioners is unconstitutional and has no rational basis and therefore it violates the equality clause guaranteed as a fundamental right of the Articles 14 & 16 of the Constitution of India and therefore declare paragraph 8(1), 10 & 17 of G.O.(P) No. 95 Finance and Planning (FW.Pen-I) Department, dt: 01-08-2000 as unconstitutional; b. To declare that the Report of the Committee on Consolidation of UGC pension and also G.O.Ms.No.389 Finance (Pension-I) Department, dt: 19-07-2003 confirming G.O.(P) No.95 Finance & Planning (FW.Pen.1) Department, dt: 01-08-2000 is illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and further declare that the UGC pensioners who retired prior to 01-01-1996 are also entitled to consolidation with effect from 01-01-1006 with monetary benefit from the same date and that they are also entitled to Central Dearness Relief as was given to all other UGC pensioners without reference to cut off date; c. To direct the respondents to fix the pension/family pension of existing pre- 1996 pensioners / family pensioners and consolidate w.e.f. 1-1-1996 by adding the existing Pension/Family Pension, DR up to CPI 1510 i.e., @ 148%, 111% and 96% of basic pensionas admissible vide O.M.No. 42/8/96-P & PW(G) dt: 20-03-1996 of Ministry of Pensioners Welfare, Interim Relief-I, Interim Relief-II and Fitment weightage @ 40% of the existing pension / family pension and the consolidated pension thus obtained shall not be less than 50% of the minimum of revised scale of the pay for the post held by the petitioners as a time of their retirement and to direct to extend DR on par with post UGC retirees. For the Petitioners: Mr. P.Balakrishna Murthy, Advocate For the Respondents:Additional Advocate General for R-1&R-3 Mr. B.Siva Reddy, Advocate for R-2 W.P.NO. 16407 OF 2001: Between: 1. Retired College Teachers’ Association, A.P., Hyderabad (Regd.No. 1719/99) rep. by its General Secretary, N.Satyanarayana Sastry, R/o Ramanagar, Vidyanagar, Hyderabad. 2. M.A.Pattabhi Ramaiah s/o late Suryanarayana Sastry, 68 years, retired as Head of the Department R/o East Anand Bagh, Hyderabad. 3. B.V. Gopalacharyulu s/o late Appalacharyulu. 64 years, retired as Head of the Department, Lalapet, Secunderabad. ….PETITIONERS AND 1. The Government of A.P. rep. by its Principal Secretary, Fin.&Plg. (FW.Pen.I) Department. Secretariat, Hyderabad. 2. The Principal Secretary to Government, Higher Education Department, Secretariat, Hyderabad. …..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, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents in denying consolidation of pension to UGC pensioners who retired prior to 1-1-1996 with effect from 1-1-1996 with monetary benefit from the same date and sanctioning pension with effect from 1-7-98 with monetary benefit from 1-7-2000 as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and further declaring that the Report of the Committee on Consolidation of UGC Pension and also G.O.Ms.No. 389 Finance (Pension.I) Dept dt 19-07-2003 confirming G.O.(P) No.95 Finance & Planning (FW.Pen.I) Dept, dt 01.08.2000 as illegal, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and also declaring that the UGC pensioners who retired prior to 01-01-1996 are also entitled to consolidation with effect from 01.01.1996 with monetary benefit from the same date and that they are also entitled to Central Dearness Relief as was given to all other UGC pensioners without reference to cut off date. For the Petitioners: Mr. M. Srikanth, Advocate For the Respondents : Additional Advocate General for R-1 Government Pleader for Higher Education for R-2 W.P.NO. 23938 OF 2001: Between: 1.Affiliated College Teachers Association, Rep. General Secretary-G.Sridhar Reddy,S/o. Raghava Reddy Amyia Bhavan,21st Centuary Complex, Nampally, Hyderabad . 2.D.V.Subba Rao, S/o. Late Babu Rao, R/o. 7-13-34, 6th Line, Vallurivaritota,Guntur-2. 3.T.Ranga Rao, S/o. T.Kotaiah, R/o. 14-42-70, Morrispet,Tenali-522202. 4.M.Bapiraju, S/o. Venkatappaiah, R/o. 7-16-624/3, Srinagar, Guntur-2. 5.P.Sitaramaiah, S/o. Venkataramaiah, R/o. Mulpur, Amartalur Via Kuchipudi,Tenali-522202. 6.P.Krishnamurthy, S/o. P.Venkaiah, R/o. 11-9-46, Narsaraopet. 7.P.Venkateswara Rao, S/o. P.Narayana, R/o. 11-8-8, Ramireddypet, Narasaraopet,Guntur-2. 8.G.Subba Rao, S/o. Chenchuramayya, R/o. 11-17-32, Ramireddipet, Narsaraopet. 9.Shaik Mahaboob Subhani, S/o. Shaik Silar, R/o. 15-13-121/A, Gandhinagar, R.T.C.Colony Extn.,Guntur-2. 10.M.V.Sivaram, S/o. Venkataratnam, R/o.19-1-307/8, Opp: Fire Station, Peddapuram, 11.K.Anjaneyulu Reddy, S/o. K.Koti Reddy, R/o. 4-1-63, Old Town, Narsaraopet-522601,Guntur-2. 12.V.Kameswara Rao, S/o. V.Lakshmipati, R/o. 19-1-307/5, Opp: Fire Station, Peddapuram. 13.R.Seetha Rama Rao, S/o. Venkatappaiah, R/o. 10-7-10, Radhakrishna Street,Narsaraopet. 14.Y.Sriram Murthy, S/o. Venkata Narayana Rao, R/o. Sri ram nagar, Opp: Industrial Estate, Behind Vishnupriya Theatre, Amaravathi Road, Guntur-2. 15.P.Venkateswara Rao, S/o. Krishnamurthy, R/o. 1-39-49, Puttavari Street, Nazerpet,Tenali. 16.O.Sambaiah, S/o. Nagaiah, R/o. 3-29-39/32, Kundula Road, Krishnanagar,Guntur-6. 17.M.Giridhar Rao, S/o. Sithapathi Rao, R/o. 5-2, Satya Sai Homes, 6th Line, 15th Corss Road, Brodipet, Guntur-2. 18.Y.Nageswara RAo, S/o. Y.Venkatanarayana, R/o. Lecturers Colony, Amaravathi, Guntur-2. 19.V.B.R.K.Chowdary, S/o. Venkaiah, R/o. 4-15-4, Ithanagar, Tenali-522201. 20.A.V.Ramana Rao, S/o. Bhanumurthy, R/o. D.No. 3-14-48, Pattabhipuram (PO), 1st line, Guntur-6. 21.A.Venkata Krishna Rao, S/o. Venkatesam, R/o. 23A-6-68, Dr.Rajasekhara Rao Street, Ramachandraraopet, Eluru-534002. 22.S.Subba Rao, S/o. Appaiah, R/o. Lakshmi Towers, Flat No.5, Adusumallivari Street, Gandhinagar, Tenali- 522202. 23.Ch.V.Chidambara Rao, S/o. Dhanaiah, R/o. 15-18-10, Paparajuthota, Chirala. 24.K.Subba Rao, S/o. Ramaiah,R/o. 4-52-16, Vemurivari Street, Ithanagar, Tenali-522201. 25.T.Venkateswara Rao, S/o. Sri Subba Rao. R/o. 24A-13-8, Ashoknagar, Eluru-2. 26.N.L.Narasimha Rao, S/o. Gopala Krishnamurthy, R/o. 25-8-15, Narsimharaopet, Eluru. 27.E.Gopalacharyulu, S/o. Ramanujacharyulu, R/o. 11-B, Ashok nagar Eluru-2. 28.T.Narasimham, S/o. T.Kalidas, R/o. 26-32-35/5, A.J.Agraharam, Guntur-4. 29.K.Brahmaiah, S/o. Sambayya, R/o. 11-12-44(a), Ramireddipeta, Narsaraopet. 30.D.Rajeswari , W/o. Late D.Devadanam, R/o. 26-27-108, Fatimanagar, S.M.L.Buildings A.T.Agraharam, Guntur-2. 31.K.Hanumantha Rao, S/o. Chimpiraiah, R/o. 22-6-22, Woodnagar, Near Sai Palace, Chirala. 32.R.Saraswati, W/o. Late Sri R.Mukund Rao, R/o. 6-9-4, 9/2, Arandalpet, Guntur-2. 33.A.Venkateswarlu, S/o. A.Sitharamayya, R/o. 4-1-35, 4th Line end, Lakshmipuram, Guntur. 34.K.V.Jagan Mohan Rao, S/o. Late Sri K.Subba Rao, R/o. "Kesanupalli House" D.No. 6-6-81, 6/4, Arundalpet, Guntur. 35.P.Hanumantha Rao, S/o. Chandrasekhara Rao, R/o. 9-72, Railpet, Guntur-1. 36.P.Venkateswara Rao, S/o. Nagaiah, R/o. 1-39-49, Ithanagar, Tenali. 37.K.V.Prakasa Rao, S/o. Srirangam, R/o. 22-11-114, Bose Raod, Tenali. 38.K.Venkatarao, S/o. Tirupati Rayudu, R/o. 1-29-15, Nazerpet, Tenali. 39.S.Anjaneya Sastry, S/o. S.Kumaraswami Sastry, R/o. 1-40-2, Akulavari Street, Nazerpet,Tenali-522201. 40.A.Venkateswara Reddy, S/o. Appi Reddy, R/o. 10-20-14, Indiranagar, Tenali-522202. 41.A.Mallikarjuna Reddy, S/o. Akurireddi, R/o. 14-24-1, Morrispet, Tenali. 42.K.Innaiah, S/o. K.Rayappa, R/o. 5-3-5, Ithanagar, Tenali 43.G.V.Guruvu, S/o. Pitchaiah, R/o.11-17-22, Ramireddipeta, Narasaraopet, Guntur-2. 44.P.Ramakoteswara RAo, S/o. P.Suraiah, R/o. 2-6-11, Pagadalavari Lane, Vinayak Temple Street, Gandhinagar, Tenali. 45.M.Panduranga Rao, S/o. Pundarikakshudu, R/o. 5-51-14, 5/15, Brodipet, Guntur-2. 46.P.Venkateswara Rao, S/o. Late Nagabhushanam, R/o. C.10, 4th Line, Ravindranagar, Guntur-2. 47.G.Balanarsaiah, S/o. Narsimhaiah, R/o. 11-11-41, Ramireddipeta, Narsaraopet, Guntur-2. 48.Y.Pullaiah, S/o. Krishnarao, R/o. H.No. 10, M.G.H.Colony, Chirala. 49.K.Lakshminarayana, S/o. Kotaiah,R/o. 3-28-18/82, Nagarjuna Nagar, Brindavan Gardens, Guntur-2. 50.P,Prasada Rao, S/o. P.Purushothama Rao,R/o. B1-C40, 4th Line, Ravindranagar, New Pattabhipuram, Guntur-6. 51.P.Venkata Apparao, S/o. P.S.Prakasarao, R/o. 5-37-154, 4/15, Brodipet, Guntur-2. 52.P.Venkata Narasimha Rao, S/o. Krishnamurthy, R/o.5-40-14, 5/17, Brodipet, Guntur. 53.V.Prahalad Gupta, S/o. Lakshmi Narasimha Das, R/o. 39, M.G.H.Colony, Gandhinagar, Chirala. 54.G.Venkatajoga Rao, S/o. G.V.Sridara Rao, R/o. Flat,15, Bherumal Mansion, Basheerbagh, Hyderabad. 55.A.Madhu Sarma, S/o. A.Madhava Rao, R/o. HIG 232, Phase II, KPHB Colony, Hyderabad. 56.M.Lakshminarayana Murthy, S/o. Kamayya, R/o. Flat No. 302, Babu Complex, New MAruthinagar, Saroornagar, Kothapet, Hyderabad. 57.B.Jinendranath, S/o. Satyanarayana Rao, R/o. Akellavari Street, Narsapur, West Godavari-534275. 58.M.Jagannadha Rao, S/o. Late Satyanarayana, R/o. 102, Ennar Towers, Brindavan Colony, Hyderabad. 59.L.Lakshman Rao, S/o. L.V.Jagan Mohan Rao, R/o. Gayatri Milayam, M.I.G., II-40, Phase IX, KPHB, Hyd. 60.B.V.S.S.Sarma, S/o. Kutumba Rao, R/o. plot No. 78, Kalyana Nagar, Venture III, Yerragadda Hyderabad-500018. 61.P.V.Siva Rama Murthy, S/o. P.V.L.N.Somayajulu, R/o. 1-11-251, SGS INFO Centrre, Lahoti Buildings, Opp: SBH Begumpet, Hyderabad. 62.V.Seshagiri Rao, S/o. Late Suryanarayana Rao, R/o.322, R.K.Housing Colony, Dr.A.S.Rao Nagar, (West) ECIL (PO),Hyderabad-500062. 63.M.Indira Devi, W/o. Late M.Ramakanta Rao, R/o. 1-34-250, Opp: Rice Mill, Maruthinagar Road, Guntur. 64.T.A.Ramaiah, S/o. T.C.Subanna, R/o. Flat No. 4310, Srila Towers, Hydernagar, Kukatpalli, Hyderabad-500072. 65.A.Padmanadham, S/o. Sundara Raghavan, R/o. 305, Pallavi Estates, Block-2, Yellareddyguda, Street No.1, Srinagar Colony (PO), Hyderabad-500073. 66.K.Hanumantha RAo, S/o. Subba Rao. R/o. D.No. 8-3-167/A-16, Vikaspuri, S.R.Nagar (P), Hyderabad. 67.A.Sarada Vani, W/o. Late A.Venkata Ratnam, R/o. 7-1-282/C/1/68, Vijayanagar Company, Lingayya Nagar, Sanathnagar ,Hyderabad-500018. 68.P.Jagadishwara Rao, S/o. Late Seetaramaiah, V.R.S & Y.R.N. College, Chirala, C/o. Sri Saraswathi Nursing Home, Municipal Office Road, Chirala. AND: The Government of Andhra Pradesh, rep by its Principal Secretary, Finance & Planning Department, Secretariat Buildings, Hyderabad. …..RESPONDENT 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, order or direction more particularly one in the nature of Mandamus declaring the action of the respondent in not granting the consolidation of pension to the petitioners with effect from 1.1.1996 along with the DA granted in paragraph-2 of G.O.(P) No.116, Finance & Planning (FW.Pen.I) Depat dated 25.8.2000 vide G.O.(P) No.95 Finance & Planning (FW.Pen.I) Department dated 1.8.2000 and G.O.Ms.No. 389 Finance (Pension I) Department dated 19.7.20003, as illegal, arbitrary, discriminatory and against the provisions of Articles 14 and 16 of the Constitution of India and consequentially direct the respondent to fix the consolidation of pension to the petitioners and other similarly situated persons with effect from 1.1.1996 by granting D.A. as per paragraph-2 of G.O.(P) No.116 Finance & Planning (FW.Pen-I) Department dated 25.8.2000 and as is enhanced from time to time with monetary benefit from 1.1.1996. For the Petitioners: Mr. P.V.S.S.S.Rama Rao, Advocate For the Respondent : Additional Advocate General W.P.NO.6122 OF 2002: Between: 1. D.Ramachandra Raju, s/o Ramaraju aged about 65 years, Retd. Lecturer, R/o Palurivari Street, D.No.24-5-4/2, Sreeramapuram, Bhimavaram, WG Dist. 2. K.Sivarama Raju, s/o Narasimharaju, aged about 67 years, Retd. Lecturer, R/o Peddadavari Street, D.No.24-12-32 Sreeramapuram, Bhimavaram. WG Dist. 3. V.Mallapa Raju, s/o Subbaraju, aged about 67 years, Retd. Lecturer, R/o Hawa Mahal, Sreeramapuram, Lecturers Street, Bhimvaram, WG Dist. 4. S.Poorna Butcheswara Rao, s/o Parvateeswara Sastry, aged about 66 years, Retd. Lecturer, D.NO.27-4-20, Tadimallavari Street, Sreeramapuram, Bhimavaram, WG Dist. 5. P.Venkateswara Rao, S/o T,Mallikharjunudu, aged about 73 years, Retd. Lecturer,, R/o D.No. 3-41, Rayalam, Bhimavaram. 6. V.Ganapati Madhavarao, s/o Venkata Krishnaiah, aged about 69 years, Retd. Lecturer,, R/o 27-10-10, Sreeramapuram, Bhimavaram. 7. G.Satyanarayana Murthy, s/o G.Jayaramaiah, aged about 68 years, Retd. Lecturer, r/o D.No. 1-227, Brahmanandapuram, Rayalam, Bhimavaram, WG Dist. 8. G. Venkata Krishna Raju, s/o Viswanadha Raju, aged about 68 years, Retd. Lecturer, r/o Near Alluri Seetaramarajanagar, T.V.Relay Station, Bhimavaram. 9. G.Manikyala Rao, s/o Venkatarao, aged about 68 years, Retd. Lecturer, r/o H.No. 5-5-3(1), Grandhivari Street, Bhimavaram, WG Dist. 10 J.Ramakrishna Sarma, s/o Venkatasubbaiah. aged about 71 years, Retd. Lecturer, r/o 5-67, Narasaiah Agraharam, Bhimavaram. 11 A.Krishna Murthy, s/o Kanakaiah, aged about 67 years, Retd. Lecturer, r/o 13-1-14, N.B. Road, Gunupudi, Bhimavaram, WG Dist. 12 A.Narasimha Murthy, s/o Appa Rao, aged about 74 years, Retd. Lecturer, r/o 24-7-7(2), Sreeramapuram, Bhimvaram. 13 A.Venkata Rao, s/o Somaraju aged about 67 years, Retd. Lecturer, r/o College Road, Near II Town P.S., Bhimavaram, W.G. District ….. PETITIONERS AND: The Government of Andhra Pradesh, rep by its Principal Secretary, Finance & Planning Department, Secretariat Buildings, Hyderabad. …..RESPONDENT 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, order or direction more particularly one in the nature of Mandamus declaring the action of the respondent in not granting the consolidation of pension to the petitioners with effect from 1.1.1996 along with the DA granted in paragraph-2 of G.O.(P) No.116, Finance & Planning (FW.Pen.I) Depat dated 25.8.2000 vide G.O.(P) No.95 Finance & Planning (FW.Pen.I) Department dated 1.8.2000 and G.O.Ms.No. 389 Finance (Pension I) Department dated 19.7.20003, as illegal, arbitrary, discriminatory and against the provisions of Articles 14 and 16 of the Constitution of India and consequentially direct the respondent to fix the consolidation of pension to the petitioners and other similarly situated persons with effect from 1.1.1996 by granting D.A. as per paragraph-2 of G.O.(P) No.116 Finance & Planning (FW.Pen-I) Department dated 25.8.2000 and as is enhanced from time to time with monetary benefit from 1.1.1996. For the Petitioners: Mr. P.V.S.S.S.Rama Rao, Advocate For the Respondent : Additional Advocate General The Court made the following :ORDER: All the writ petitions involve substantially similar issues and are therefore considered together and disposed of by this common judgment. W.P. No. 1368 of 2001 is filed by Acharya N.G. Ranga Agricultural University Retired Teachers’ Association, Hyderabad and two retired teachers of the University (ANGRAU). W.P. No. 16407 of 2001 is filed by the Retired College Teachers’ Association and two retired teachers. W.P. No. 23938 of 2001 is filed by the Affiliated College Teachers’ Association and 67 other teachers or spouses of retired teachers. W.P. No. 6122 of 2002 is by 13 retired teachers. The challenge in these writ petitions is to the orders of the State Government in G.O.(P) No.95 and G.O.(P) No. 389 Finance (Pension-I) Department, dated 1.8.2000 and 19.7.2003 respectively. The relief sought by the petitioners is for – (a) consolidation of the basic pension by merging the Dearness Relief (DR) as on 1.1.1996 instead of from 1.7.1998 and other fixation principles; (b) grant of consequent monetary benefits from 1.1.1996 instead of from 1.7.2000 and (c) sanction of DR to the pre-1996 UGC pay scale pensioners on par with the Dearness Allowance (DA) of serving UGC pay scale teachers. The petitioners apart from the Teachers Association are members of the teaching staff or spouses of such members who had retired from service on or before 1.1.1996 after having served either in ANGRAU or in private aided degree and oriental colleges or Government colleges. The members of the teaching staff concerned had, while in service, opted for and were paid the UGC scales of pay. Background History :- University teachers were initially governed by the A.P. Liberalised Pension Rules 1961 (1961 Pension Rules) prior to the University Pension Rules 1992 (1992 Pension Rules). The pension of this class of employee was governed by the 1961 Pension Rules and the A.P. Government Servant Family Pension Rules 1964. Under this statutory regime the service pension was limited to a maximum of Rs.1,000/-pm, while the family pension was limited to Rs.500/-pm, regardless of the pay last drawn by them. Thus, even University teachers who retired while drawing UGC scales of pay were entitled to meagre pension in view of the fact that they were governed by the above statutory position. The DR was however paid to them at rates applicable to Central Government pensioners. Teachers who retired while drawing 1986 UGC scales also used to get meagre pension. In so far as the State Government employees are concerned, the State Government from time to time constituted Pay Revision Commissions (PRC) to examine the pay structure of the State Government employees. On consideration of the recommendations of such Commissions, the State implements the pay scales or pension consistent with its perceived financial position. Pursuant to the recommendations of the 1978 State PRC, the A.P. Revised Pension Rules 1980 (1980 Pension Rules) were formulated and came into force with effect from 29.10.1979. After the 1980 Pension Rules, the State Government employees who were hitherto governed under different rules were brought under a common platform. After the 1980 Pension Rules another PRC was constituted in 1986. Thereafter there was a consolidation of pension for State Government pensioners w.e.f. 1986. This consolidation was consistent with the revision of pay scales to serving employees. Another State PRC was in 1993 and again a consolidation of pension was made for the State Government pensioners in the light of the revision of pay implemented to serving State Government employees consequent on the 1993 PRC. Thereafter the 1999 State PRC submitted its recommendations and the pay of the State Government employees was again revised. Consequent on such revision of the pay scales of serving employees consolidation of pension was also effected for the State Government pensioners from 1.7.1998 with monetary benefit from 1.4.1999. As all the State Government pensioners were governed by the 1980 Pension Rules the benefits accrued to them in respect of the pension, consolidation, percentage of DR commutation and Gratuity were all similar. The 1992 Pension Rules ushered in a regime similar to the 1980 Pension Rules. Teachers who opted for Part-A of the 1992 Pension Rules would be entitled to benefits similar to those available under the 1980 Pension Rules. The 1992 Pension Rules were however not finalised by the time of the consolidation of pensions for State Government employees consequent on the revised pay scales under the 1993 State PRC. On account of this factual circumstance, bringing the UGC pensioners on the same platform as State Government pensioners, was not considered. The consolidation of pension for UGC pensioners was also not made in 1993 on par with the consolidation of pensions for State Government pensioners for the same reason. Therefore the UGC pensioners were paid DR as per the rates applicable to Central Government pensioners. While pay revisions for the State and Central Government employees took place in 1986, thereafter while the State Government revised the pay scales of its employees in 1993, the Central Government did not. On account of this fact, consolidation was made for such of those pensioners who were drawing State pensions while this was not done for UGC pensioners. This resulted in the rate of DR paid to these two categories of pensioners being different. With effect from 1.1.1996 the Central Government revised the pay scales for its employees by merging the DA existing as on 1.1.1996. In response the State Government revised the pay scales to the University teachers drawing UGC scales of pay by merging DA as existing on 1.1.1996. The pensions of UGC pensioners were however not consolidated, according to the State Government, with a view to examine this issue further in the context of State Government pensioners. While the Government of India revised the pay scales of its employees with effect from 1.1.1996, the State Government did not do so in respect of its employees. The scales of pay of State Government employees were revised again in 1999 by merging the DA as on 1.7.1998 with monetary benefit from 1.4.1999 as per the recommendations of the State PRC 1999. The 1999 State PRC did not make any recommendations as regards pensioners drawing UGC pensions. In view of the distinct regimes operating for State pensioners and UGC pensioners and with a view to implement and bring the UGC pensioners on a common platform with State Government pensioners, the State Government went about examining the issue of consolidation of pensions of UGC pensioners. Though the UGC pensions were calculated as per the principles obtaining under the 1980 Pension Rules, the consolidation of the pension and the percentage adopted for calculation of DR were done separately to the UGC pensioners, who retired while drawing the UGC pay scales and these pensioners drew DR at rates applicable to Central Government pensioners while the State Government pensioners were drawing DR at different rates i.e., those applicable to State Government employees. It requires to be noticed that of the amount incurred towards payment of salaries to (serving) UGC teachers, the amount is initially borne by the State Government and 80% of the amount constituting the basic pay and DA of this class of employees is reimbursed by the Central Government. The expenditure incurred on pensions of UGC pensioners is however entirely borne by the State Government. This appears to be a crucial factor that weighed with the State in the formulation of the principles for consolidation of the pensions of UGC pensioners, as set out in the impugned G.Os. After the State PRC 1999, the State addressed itself to the task of consolidating the pensions of UGC pensioners with a view to bring these pensioners and the State Government pensioners on a common platform. This resulted in the issuance of G.O.(P) No. 95, Fin. & Plg. Department, dated 1.8.2000. In so far as the petitioners – pre-1996 retired pensioners who retired while drawing UGC/ICAR/AICTE pay scales are concerned, under G.O.(P) No.95 the pension/family pension of the pre-1996 pensioners are ordered to be consolidated (paragraph-8 of G.O.(P) No.95) with effect from 1.4.1999 by adding together (i) the existing pension/family pension; (ii) DR as on 1.7.1998 as sanctioned in paragraph-6 of G.O.Ms.No. 280 Fin.&Plg. (FW-PEN.I) Department dated 8.12.1998; (iii) IR-I; (iv) IR-II and (v) fitment weightage at 40% of the existing pension/family pension. The amount arrived at as above is to be recorded as consolidated pension/family pension. Other principles to work out this position are set out in Paragraph-8.1 of G.O.(P) No.95. Another contentious aspect is that set out in paragraph-10 of the G.O., whereunder it is ordered that payment of DR on the consolidated pension is to be @ 8.18% with effect from 1.4.1999. In paragraph-11 of G.O.(P) No.95 it is specified that the amount already paid on account of the 3rd instalment of IR vide the orders in G.O.Ms.No.245, dated 12.11.1998, shall be recovered from the pension/family pension and DR payable to the pensioners. In paragraph-15 of the G.O. it is clarified that the consolidation of pension/family pension ordered in G.O.(P) No.95 is applicable to all employees who had retired or died prior to 1.1.1996 while drawing the pre-A.P. Revised Pension under UGC scales of pay 1996 and who were covered by the orders of the State Government in G.O.Ms.Nos. 106 and 245 dated 15.7.1997 and 12.11.1998 respectively, as also to those who retired or died on or after 1.1.1996 without the benefit of