IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.17441 OF 2011 Date:23.06.2011 Between:- K.Dastagiri .. Petitioner And Central Power Distribution Company of A.P. Limited, Hyderabad, rep.by its Chairman and Managing Director and others. .. Respondents THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.17441 OF 2011 ORDER: This writ petition is filed to issue a writ of mandamus declaring the action of the respondents in not considering the petitioner’s representation, dated 18.08.2010, and disposing of the same in terms of T.O.O. (Addl. Secy.Per.) Ms.No.130 dated 13.07.2010 read with C.O.O.CGM(HRD) Ms.No.232, dated 30.07.2010, as arbitrary and illegal and consequently direct the respondents to forthwith dispose of the representation, dated 18.08.2010, and extend the benefits of the said orders to the petitioner. 2. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: Initially, the petitioner joined as NMR in the year 1965 in the respondent organization. Later, he was appointed as Helper on 13.09.1972. As NMR, he worked at Anantapur, Narpala, Dharmavaram, Kadiri and Hindupur from July 1965 to 12.09.1972 and retired from service on attaining the age of superannuation on 31.01.2003. The grievance of the petitioner is that he has been granted pension without considering his service as NMR for about 7 years, which has to be taken into account as per T.O.O. (Addl. Secy.Per.) Ms.No.130 dated 13.07.2010 read with C.O.O.CGM(HRD) Ms.No.232, dated 30.07.2010. As per the said order, in respect of the employees who retired prior to 01.02.2006, their service as NMR has to be counted for the purpose of pension. As the respondents have not considered his case, he made a representation, dated 18.08.2010, to consider his case but the respondents are not considering his case and disposing the representation. 3. Learned Counsel for the petitioner contended that by virtue of T.O.O. (Addl. Secy.Per.) Ms.No.130 dated 13.07.2010, it is clear that the respondents have decided to extend the payment of pension portion only to the employees who are having NMR service and retired prior to 01.02.2006 with monetary benefit with effect from 01.04.2010 subject to the terms and conditions laid down in the earlier instructions. Therefore, for that purpose, the petitioner made a representation, dated 18.08.2010 but the respondents are not disposing the representation. 4. Learned Counsel for the respondents contended that if the case of the petitioner falls under the circular instructions and Government Orders issued from time to time, the same shall be considered by the authority concerned. 5. Whether the petitioner is entitled for payment of pension in respect of his service as NMR or not and whether the orders of respondents would apply even to the employees who retired from service prior to 01.02.2006 or not are the matters required to be decided by the respondents. The respondents have to take an appropriate decision in terms of T.O.O. (Addl. Secy.Per.) Ms.No.130 dated 13.07.2010. Hence, respondent No.1 is directed to take appropriate decision on the representation of the petitioner, dated 18.08.2010, if it is available in office, and pass necessary orders thereon within a period of six (6) weeks from the date of receipt of a copy of this order. For any reason the representation of the petitioner, dated 18.08.2010, is not available, the petitioner may make a fresh application to consider his request, which shall be considered in accordance with the rules and law. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 23rd June, 2011 Note:- Furnish C.C. within one week. B/O AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.17441 OF 2011 Date:23.06.2011 AMD