IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THE HON'BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.11768 of 2011 Date:27.06.2011 Between: S.V. Krishna Reddy .....Petitioner AND Southern Power Distribution Company of A.P., Limited and 2 others. ....Respondents The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.11768 of 2011 ORDER: This writ petition is filed under Article 226 of the Constitution of India to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus to call for records relating to Lr. No.SE.O.OGL.A.O.E-A.A.O.E.A.O. P & F. UID No.2754/10 dated 23.4.2010 and set aside the same as it is illegal, arbitrary and consequently direct the respondents to re-fix the petitioner’s pension and pensionary benefits by taking his 34 years one month service including his NMR service of 7 years one month instead of 23 years one month 24 days regular service with interest on delayed payments of pension and pensionary benefits in the interest of justice. Heard the learned counsel for the petitioner and the learned Counsel for the respondents. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: The petitioner was initially appointed as NMR on 20.05.1970 in the respondents’ Board and continuously worked as NMR and on 15.6.1977 appointed and promoted as regular Helper and then as per his qualification, the Board officials converted him as Bill Collector post from Helper post on 10.09.1979 and continuously worked as Bill Collector-cum- LDC-cum Revenue Cashier up to 8.8.2000. On his appeal the 2nd respondent office passed an order of compulsory retirement on 15.6.2004. Further, suspension period has been regularized and sanctioned half pay leave 330 days from 28.3.1999 to 20.2.2000 and earned leave 171 days from 21.2.2000 to 9.8.2000 as per orders dated 2.6.2005. It is stated that the first respondent passed an order on 11.8.2008 fixing his pension at Rs.2,779/- per month from 10.08.2000 till his death by taking his qualifying service of 23 years one moth 24 days by stating that he was retired on compulsory retirement on 10.8.2000 instead of 15.6.2004 on which date the 2nd respondent passed an order and also without taking into consideration of his past service as NMR period from 20.5.1970 to 14.6.1977 and to take his service up to 15.6.2004. The respondents have to fix his pension for 34 years one month 5 days, but the respondents fixed his pension of Rs.2,779/- by taking his service of 23 years one month 24 days which is illegal on their part. As per latest law laid down by the Supreme Court and other High Courts that the respondents should take consideration of his NMR service of 7 years and one month also to add to his services rendered upto 15.6.2004 on which date the 2nd respondent passed order on his appeal as compulsory retirement by modifying the order of dismissal from service order dated 8.8.2000 of the first respondent. So this period is roughly 4 years of service. Therefore, altogether the respondents have to take into consideration of his service of 34 years and one month instead of 23 years and one month and have to fix his pension by taking into consideration of his service as 34 years and one month. The petitioner has made several representations including the representation on 29.3.2010, but the 1st respondent rejected his claim on 23.4.2010 stating that NMR service cannot be considered. Then he made his representations to the 2nd respondent to consider re-fixation of his pension by taking his service of 34 years one month including 7 years one month period of NMR service period and his service up to 15.6.2004, but no order was communicated and not made any re-fixation of his pension so far. Hence, the petitioner filed this writ petition. A detailed counter-affidavit filed by the respondents while denying the averments made in the writ petition contended that the petitioner while he was working as LDC, Podili has remitted the amounts to Board’s account as per the duplicate permanent receipts though he collected the amounts issuing the original permanent receipts for huge amounts, to other services mis- guiding the higher authorities etc. The petitioner himself has admitted his mistakes and accepted that he has misused the Board’s amount for solving his personal problems. The charges of defalcation of Boar’s fund and misappropriation of Board’s fund was held established against the petitioner in the domestic enquiry also. The petitioner was initially appointed as N.M.R on 20.05.1970 and continuously he has worked as N.M.R up to 15.06.1977 and subsequently his services were regularised. The A.P. Transco after careful consideration decided to extend the payment of pension portion only to the employees who are having N.M.R service and retired prior to 1.2.2006 with monetary benefits with effect from 1.4.2010. No revision of gratuity and commutation of pension shall be allowed to the employees retired prior to 01.02.2006. The same order is adopted by the Southern Power Distribution Company Limited. The contention of the learned counsel for the petitioner is that though the petitioner is entitled for the pensionary benefits and other retirement benefits by taking into consideration of his total service of 34 years and one month, the respondents have taken the services of the petitioner as 23 years for the purpose of pensionary benefits which are contrary to law. On the other hand, the learned Counsel for the respondents contended that the pension of the petitioner has been fixed basing on the total service put up by the petitioner by taking into consideration his NMR service. Therefore, the basic pension of the petitioner has been fixed at Rs.11,427/- instead of Rs.8,759/- with effect from 1.4.2010. In para 17 of the counter-affidavit of the respondents, it is admitted that the NMR service period of the petitioner is 6 years 10 months and 5 days. After verifying the leave and other entries available in the Service Register of the petitioner and after counting the NMR service, the total service of the petitioner is taken as follows: Previous service 23 years 1 month and 24 days Add NMR service 06 years 10 months and 5 days Total service: 30 years. Therefore, the calculation of total service of the petitioner including the NMR service is taken as 30 years basing upon the entries made in the Service Register of the petitioner. Therefore, the said aspect has not been denied or disputed by the petitioner by filing rejoinder to the counter-affidavit filed by the respondents. Hence, the fixation of basic pension of the petitioner at Rs.8,759/- with effect from 1.4.2010 does not appear to be incorrect or contrary to law. Further, the respondents also stated that the arrears of pension of the petitioner with effect from 1.4.2010 and the revised pension will be paid very shortly to the petitioner. Therefore, the writ petition is disposed of accepting the admission made by the respondents in their counter-affidavit to that effect. There shall be no order as to costs. ________________ K.C. BHANU, J. June, 27, 2010 Gk. THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.11768 of 2011 27th June, 2011 Gk.