THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No.24308 OF 1999 ORDER : This writ petition is instituted by three lecturers who were working on deputation basis with Bhavan’s New Science College at Hyderabad. The 1st petitioner initially joined the service of Andhra Balika Arts & Commerce College, Warangal, which institution was subsequently renamed as ASM Women’s College, Warangal. She joined Bhavan’s New Science College (Evening) on 3.7.1996 on deputation. Similarly, the 2nd petitioner joined Jawahar Bharathi College, Kavali, Nellore District on 23.8.1965. She joined New Science College (Evening) on 6.10.1995 on deputation basis. The 3rd petitioner joined in Sapthagiri College at Vijayawada on 24.5.1993. She joined on deputation basis Bhavan’s New Science College (Day), as a Lecturer with effect from 26.5.1995. It is asserted that all the three petitioners were working in the colleges referred to supra against aided posts. It is not in dispute that Bhavan’s New Science College, Hyderabad is an aided institution and they are also now deputed to work against one such aided vacancy available for each of them in the said college. Hence, there was no additional financial commitment to the State in the matter of grant-in-aid being released in favour of the present petitioners. The State has introduced pensionary benefits for such of the staff working with aided educational institutions. For regulating this exercise in accordance with Section 78B of the Education Act, 1982, the Andhra Pradesh Aided Degree, Oriental and Junior Colleges Staff Pension Rules, 1993 (hereinafter referred to as Pension Rules, 1993), have been promulgated by the Governor of the State. Rule 3 of these Rules made it clear that qualifying service of the teaching and non teaching staff of private aided degree, oriental and junior colleges in aided Service, shall commence from the date he/she takes charge of the post to which he/she is first appointed either substantively or in an officiating or temporary capacity in an aided post. The rule further made it clear that the unaided service shall not count for Pension. In view of these Pension Rules, 1993, all the teaching and non-teaching staff became entitled for payment of pension upon retirement from service on attaining the age of superannuation. Prior to the promulgation of Pension Rules, 1993, against some of the posts available in various educational institutions, members of the government service used to be deputed to work. Since Government teaching and non-teaching staff were required to be paid pension in terms of the Pension Rules governing their conditions of service, the institution to which their services have been deputed were directed to make contributions towards their pension, encashment of leave etc., at the rate of 24% of their salary and allowances. However, after the introduction of the pension scheme to the teaching and non-teaching staff of aided educational institutions as per the Pension Rules, 1993, the necessity for making contribution for the services of government employees who are deputed to work against aided posts vacancies in private aided institutions has come to be reviewed. Accordingly, the State Government has passed orders through G.O. Ms. No. 88, Education (HE-I) Department, dated 15.3.1999 holding that since A.P.Revised Pension Rules, 1983, apply mutatis mutandis to all teaching and non-teaching staff of private, aided, oriental, degree and junior colleges, the State Government directed that the condition of payment of leave contribution and pension contribution in respect of government college teachers who are deputed against the vacant aided posts in private degree colleges be waived with effect from 1.11.1992, the date on which the Pension Rules, 1993, have been brought into force. Therefore, the State Government has realized that there is no distinction between the obligation to pay pension of an aided teacher and a government employee (teacher). In that view of the matter, the pension and leave contribution, if necessary to be paid would merely mean transferring funds of the State from one head of account to another account only. It does not mean anything more than that. Hence, the State Government has dispensed with or waived the necessity for collection of pension and leave contribution for the deputation of services of the government teachers to private aided institutions/posts. The question that engages the attention in this case is this: If the petitioners were all appointed against aided posts in one aided educational institution or the other and if they get deputed to another private aided educational institution to work with, would there be still any necessity to make pension and leave contribution? In principle, the obligation of the State to pay pension for the service rendered against aided post remains in tact, even after such a transfer. Whether the State Government pays pension for the service rendered against an aided post in an institution A or for the service rendered against an aided post in institution B being one and the same, it does not really matter whether the teacher is working against an aided post in an institution A or B on deputation basis for the purpose of drawal and disbursement of pension. In such a case, they stand on the same footing as that of a government teacher who is deputed to work against an aided post in an aided degree college, in whose favour the policy decision has been taken and announced by the State Government through G.O. Ms. No. 88, Education (HE-I) Department, Dated 15.3.1999. Since in principle, there is not much of a distinction between a lecturer working in a government degree/junior college who is deputed to work against an aided post and a lecturer who has been appointed against an aided post in a private degree/junior college who has been deputed to work against another aided post/vacancy in yet another aided degree college, the principle behind the policy decision of the Stage Government contained in G.O.Ms. No. 88, Education (HE-I) Department, dated 15.3.1999 should get attracted and become applicable. In both these sets of cases, the obligation to pay pension to the individual being thrust upon the State, transferring pension and leave contribution from one account to another becomes a redundant accounting practice. Therefore, the principle to waive collection of such contribution as was ordered in G.O. Ms. No. 88 should also be extended in the case of lecturers. I therefore allow this writ petition and direct the 1st respondent – State Government not to collect the pension and leave contribution and to take an appropriate decision in this matter on or before 15.10.2010 so that the same will have a uniform application in respect of all such employees, both teaching and non-teaching working against aided post when they are transferred to work on deputation basis with another educational institution to work against another aided post. It is needless to observe that the pension and leave contribution collected from the writ petitioners for the period beyond 1.11.1992 shall be refunded to them within a maximum period of six months from the date the decision referred to supra is taken. No costs. --------------------------------- Nooty Ramamohana Rao, J knk 1st July 2010