IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2590 of 2008 Between: M.S.Rama Rao, S/o M.V.Sastry, O/o Sub-Registrar's Office, Narsapur, r/o D.No.19/21, Koppakavari Veedhi, Tanuku, West Godavari District. ..... PETITIONER AND 1 The Govt.of A.P., represented by its Principal Secretary, (Revenue, registration-I) Department, Secretariat Buildings, A.P., Hyderabad. 2 The Commissioner & Inspector General of Registration & Stamps, A.P., Hyderabad. 3 The Deputy Inspector General of Registration & Stamps, Eluru. 4 The District Registrar, West Godavari District, Bheemavaram. 5 The Accountant General, A&E A.P., 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 in the nature of certiorari or any other appropriate writ, order or direction by calling for the records relating to the orders of the Hon'ble Tribunal in O.A.No.11480 of 2002 dt.12-10-2006 and set aside the same and consequently direct the respondents to release the pensionary benefits to the petitioner by reckoning entire service rendered by the petitioner from the date of initial appointment to the date of retirement ( 37 years 2 months) for the purpose of pensionary benefits and release the same basing thereon, with interest and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.S.GOPAL RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2590 of 2008 ORDER: (Per the Honourable Smt. Justice T.Meena Kumari) This writ petition is filed by the petitioner seeking to set aside the order of the tribunal passed in O.A.No:11480 of 2002 dated 12.10.2006 and consequently, to direct the respondents to release the pensionary benefits to the petitioner by reckoning entire service rendered by the petitioner from the date of initial appointment to the date of retirement for the purpose of pensionary benefits. Originally, the petitioner herein filed the above O.A. seeking to declare that the entire service rendered by him from the date of his initial appointment to the date of retirement (37 years 2 months) be counted for the purpose of pensionary benefits and consequently, to direct the respondents to release the pensionary benefits to him on the ground that the 5th respondent therein released the pensionary benefits by calculating the qualifying service as 24 years 1 day only though he completed 37 years 2 months and on representations, the 5th respondent issued revised proceedings calculating the qualifying service of the applicant as 25 years 7 months only. It is the case of the respondents, the applicant was appointed as a temporary section writer, which was a non- pensionable post, whereas it is the case of the petitioner that G.O.Ms.No.1194, dated 2.12.1994 was issued extending the pension rules to the section writers w.e.f. from 26.5.1979. On considering the rival contentions and the pension rules and G.O. Ms.No.1194, dated 2.12.1994, the tribunal having observed that the entire qualifying service rendered by the applicant in terms of the pension rules has been taken into account while re-fixing the pension of the applicant in the proceedings dated 13.2.2002, such service being 25 years 7 months and 21 days and the applicant is not entitled to any further relief as the pension has already been fixed in accordance with the rules, dismissed the O.A. Having aggrieved by the same, the present writ petition has been preferred. Heard the learned Counsel and perused the material available on record. On a perusal of the material on record as well as the order impugned, it is apparent that the tribunal has gone through the pension rules and the G.O. Ms.No.1194 and the revised proceedings issued by the 5th respondent calculating the entire qualifying service of the petitioner. Having regard to the facts and circumstances of the case and the order impugned herein, We do not find any irregularity or infirmity in the order impugned and hence, the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. ________________________ Justice T.Meena Kumari ______________________ Justice G.Chandraiah Dated:7.3.2008 Gurc/nn THE HON'BLE SMT. JUSTICE T.MEENA KUMARI & THE HON'BLE SRI. JUSTICE G.CHANDRAIAH WRIT PETITION NO : 2590 of 2008 (Division Bench Order delivered by Honourable Smt. Justice T.Meena Kumari) 07/03/2008