HON’BLE SRI JUSTICE V.SURI APPA RAO Writ Petition No.21426 of 2000 Date: 18-3-2011 Between K.Nagaiah … Petitioner and Tirumala Tirupathi Devasthanams, Tirupathi, Chittoor district Rep. by its Executive Officer … Respondent HON’BLE SRI JUSTICE V.SURI APPA RAO Writ Petition No.21426 of 2000 Order: This writ petition is filed under Article 226 of the Constitution of India to issue a Writ, order or direction, more particularly one in the nature of Writ of mandamus declaring the action of the respondent in not sanctioning the pension to the petitioner on his retirement on superannuation on the afternoon of 31-8-1998 as arbitrary, discriminatory and illegal and consequently direct the respondent to sanction all the pensionary benefits to the petitioner with effect from 01-9-1998 together with interest at the rate of 24% per annum with all other consequential benefits. 2. It is submitted by the petitioner that he was initially appointed on 05-8-1972 on temporary basis on consolidated pay in the cadre of Sweeper to work in S.V. Arts College Hostel under the Management of Tirumala Tirupathi Devasthanams (for short, ‘TTD’). Thereafter, he was discontinued during the year 1976. Again he was taken into service on 15-8-1977 and was posted to S.G.S. Arts College Hostel, Tirupathi. He was also granted Time Scale of Pay attached to the post held by him as per the Resolution No.677 dated 21-10-1987 of the TTD Trust Board and by Resolution No.192 dated 03-6-1991 his services along with others were regularized in the cadre of Server. As per the instructions issued by the respondent in Proceedings Roc.No.DB/28071/87 dated 21-6-1991, the Warden of S.G.S. Arts College Hostel has issued orders in the Proc.Roc.No.1/SGSACH/91 dated 19-8-1991 regularising his services along with others. After long lapse of more than 3½ years the respondent sent proposals to the Government vide letter Roc.No.D11/38903/94 dated 05-12-1994 seeking approval for creation of the required number of posts in College Hostel. The Government has already accorded permission in G.O.Ms.No.79 Revenue (Endowment) Department dated 02-02-1990 to absorb the persons working in TTD hostels, subject to the conditions that the expenditure has to be met by the TTD Management and therefore, the question of further approval from the Government as sought vide letter dated 05-12-1994 is unnecessary. Probably, the Government might have thought that there was no need to issue fresh orders on the subject and hence the Government did not issue any orders so far. Subsequently, the petitioner was permitted to retire from service with effect from 31-8-1998 on attaining the superannuation vide Memo Roc.No.E1/00282/96 dated 04-6-1997. The respondent also issued orders vide Proceedings No.E7/46431/96 dated 03-7-1997 to extend all the benefits of retirement to the hostel workers on par with other TTD employees. As per the orders issued by the Executive Officer, the DEO by his Memo Roc.No.D11/00282/DEO/ 96 dated 10-3-1998, permitted the petitioner to retire from service with effect from 31-8-1998 and he was relieved from the service with effect from the afternoon of 31-8-1998. Though more than 2 years have elapsed from the date of his retirement till date the respondent has neither sanctioned him pension nor paid any other retiral benefits in spite of several representations made by him. After retirement, he is not able to maintain his family and children without any source of income. No allegations or enquiry are pending against him either while he was in service or after his retirement. Therefore, there is no justification whatsoever for the respondent to withhold the retiral benefits to which he is entitled. The petitioner is also entitled for interest on the belated pensionary payment. Therefore, the petitioner filed this writ petition to direct the respondent to sanction all the pensionary benefits with effect from 01-9-1998 with interest. 3. The point for consideration is, whether the respondent-TTD is justified in not sanctioning pension to the petitioner who retired on the afternoon of 31-8-1998 on attaining the age of superannuation ? 4. Point:- The learned counsel for the petitioner submitted that initially the petitioner was appointed in the year 1972 as Sweeper. He was discontinued for some time and again he was taken into service in the year 1977. In the year 1991 his services were regularized. Therefore, the petitioner is entitled for pensionary benefits after his retirement. 5. On the other hand, the learned standing counsel for the respondent-TTD submitted that the petitioner has not completed 10 years of qualifying service, therefore he is not eligible to draw pension as per the A.P. Pension Rules. Even as per the contents of the writ petition, the services of the petitioner along with others were regularized in Proceedings Roc.No.1/SGSACH/91 with effect from 19- 8-1991. Admittedly, the petitioner was retired from service on attaining the age of superannuation with effect from 31-8-1998. The petitioner has not completed minimum period of 10 years of qualifying service after his regularization, he is not eligible to draw pension. Therefore, the petitioner is not entitled for pensionary benefits as per the A.P. Pension Rules and the G.Os., issued by the Government from time to time which are in force. 6. Consequently, the writ petition is dismissed, in the circumstances, without costs. _____________________ V.SURI APPA RAO, J. 18th March, 2011. Ak HON’BLE SRI JUSTICE V.SURI APPA RAO Writ Petition No.21426 of 2000 (P.D. order) 18th March, 2011.