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Writ Petition Nos. 4800, 7647, 8378 and 39090 of 2012 and 4786, 4801, 4805, 30314, 30315, 30316, 30317, 30318, 34006, 34007, 34008, 34009, 34012, 34220 and 37544 of 2013. Case: Govt. of A.P. and Others Vs T. Gangadhar and Others. High Court of Andhra Pradesh (India)

Judgment Cited authorities 3 Cited in Precedent Map Related
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Case NumberWrit Petition Nos. 4800, 7647, 8378 and 39090 of 2012 and 4786, 4801, 4805, 30314, 30315, 30316, 30317, 30318, 34006, 34007, 34008, 34009, 34012, 34220 and 37544 of 2013
CounselFor Appellant: Additional Advocate General and For Respondents: Mr. A.V. Vijaya Kumari, Adv.
JudgesK.C. Banu and Anis, JJ.
IssueService Law
Citation2014 (5) ALD 294, 2014 (4) ALT 785
Judgement DateApril 17, 2014
CourtHigh Court of Andhra Pradesh (India)

Order:

K.C. Banu, J.

  1. Writ Petition Nos. 39090 of 2012, 4805 of 2013, 30314 of 2013, 30315 of 2013, 30316 of 2013, 34006 of 2013, 34007 of 2013, 34008 of 2013, 34009 of 2013, 34012 of 2013, 34220 of 2013, 37544 of 2013, 30317 of 2013 and 30318 of 2013 are filed by the Principal Secretary to the Government (R&E), Finance Department, Government of Andhra Pradesh, Hyderabad, challenging the Common Order dated 12.09.2012 in Original Application (O.A.) Nos. 8491 of 2011, 5229 of 2011, 8630 of 2011, 8611 of 2011, 5301 of 2011, 5727 of 2011, 7743 of 2011, 7748 of 2011, 1280 of 2012, 4340 of 2012, 5724 of 2011, 8952 of 2011, 7741 of 2011 and 10259 of 2011 respectively, which were disposed of vide Common Order in O.A. Nos. 9548 of 2011 and batch on the file of the Andhra Pradesh Administrative Tribunal, Hyderabad (for short, 'the Tribunal').

  2. Writ Petition Nos. 8378 of 2012, 7647 of 2012, 4800 of 2013, 4786 of 2013 and 4801 of 2013 are filed by various employees seeking to declare action of the respondents in not extending the benefit of Pay Revision Commissions, 1999, 2010, 1999, 2005 and 2010 respectively, to them without taking into account their effective date of retirement on the next day of the succeeding month in terms of judgments passed by the Hon'ble Supreme Court of India and this Court and consequently set aside Circular Memo No. 10571/87/PC-I/A2/2011, dated 18.06.2011 and declare that the petitioners are entitled to get pension and pensionary benefits as per New Pay Revision, 1999 by reckoning their effective date of retirement as first day of the succeeding month of their last working day along with interest at 9% per annum.

  3. For better appreciation of facts, the parties are hereinafter referred to, as they are arrayed in the Original Applications.

  4. The case of the applicants, in brief, may be stated as follows:

    The applicants in O.A. No. 4270 of 2012; applicant nos. 1 to 14 in O.S. No. 1283 of 2012; applicant nos. 1 to 54 in O.A. No. 9243 of 2011; the sole applicant in O.A. No. 9548 of 2011; applicant nos. 1 to 39 in O.A. No. 5707 of 2011; applicant nos. 1 to 13 in O.A. No. 7743 of 2011; applicant nos. 1 to 52 in O.A. No. 8527 of 2011; applicant nos. 1 to 22 in O.A. No. 5301 of 2011; applicant nos. 1 to 37 in O.A. No. 5706 of 2011; sole applicants in O.A. Nos. 8951 of 2011 and 8952 of 2011; applicant nos. 1 to 23 in O.A. No. 5622 of 2011; applicant nos. 1 to 36 in O.A. No. 5725 of 2011 and the first applicant in O.A. No. 5776 of 012 retired from service on 30.06.1998 and they are claiming benefit of Revised Pay Scales of 1999 which came into effect from 01.07.1998.

    The applicant nos. 37 and 38 in O.A. No. 5725 of 2011; applicant nos. 55 to 64 in O.A. No. 9243 of 2011; applicant nos. 40 and 41 in O.A. No. 5707 of 2011; applicant nos. 14 to 16 in O.A. No. 7743 of 2011; applicant nos. 53 to 58 in O.A. No. 8527 of 2011; applicant nos. 15 to 23 in O.A. No. 1283 of 2012; applicant nos. 23 to 30 in O.A. No. 5301 of 2011; applicant nos. 38 to 40 in O.A. No. 5706 of 2011; applicant no. 24 in O.A. No. 5622 of 2011 and applicant no. 2 in O.A. No. 5776 of 2012, retired from service on 31.03.1999 and they are claiming monetary benefits that were extended to employees under Revised Pay Scales, 1999 with effect from 01.04.1999.

    The applicant nos. 1 to 5 in O.A. No. 4341 of 2012; applicant nos. 1 to 20 in O.A. No. 7748 of 2011; applicant nos. 1 to 45 in O.A. No. 9558 of 2011; applicant nos. 1 to 17 in O.A. No. 1280 of 2012; applicant nos. 1 to 37 in O.A. No. 5299 of 2011; applicant nos. 1 to 37 in O.A. No. 5704 of 2011; applicant nos. 1 to 47 in O.A. No. 5702 of 2011; applicant nos. 1 to 43 in O.A. No. 9473 of 2011; applicant nos. 1 to 68 in O.A. No. 8491 of 2011; applicant nos. 1 to 40 in O.A. No. 5727 of 2011; sole applicant in O.A. No. 8006 of 2011 and the applicant nos. 1 to 35 in O.A. No. 5623 of 2011 retired from service on 30.06.2003 and they are claiming the benefit of Revised Pay Scales, 2005 which came into force with effect from 01.07.2003.

    Applicant no. 6 in O.A. No. 4341 of 2012; applicant nos. 21 to 25 in O.A. No. 7748 of 2011; applicant nos. 46 to 57 in O.A. No. 9558 of 2011; applicant nos. 18 and 19 in O.A. No. 1280 of 2011; applicant no. 38 in O.A. No. 5299 of 2011; applicant nos. 38 to 42 in O.A. No. 5703 of 2011; applicant nos. 48 and 49 in O.A. No. 5702 of 2011; applicant nos. 44 to 61 in O.A. No. 9473 of 2011; applicant nos. 69 to 78 in O.A. NO.8491 of 2011; applicant nos. 41 and 42 in O.A. No. 5727 of 2011; applicant nos. 36 to 39 in O.A. No. 5623 of 2011, and sole applicant in O.A. No. 5961 of 2011 retired from service on 31.03.2005 and they are claiming monetary benefits of Revised Pay Scales, 2005 which came into force with effect from 01.04.2005.

    Sole applicants in O.A. Nos. 10259 of 2011, 6932 of 2011, 6933 of 2011, 8123 of 2011, 8007 of 2011 and 10306 of 2011; all applicants in O.A. No. 10049 of 2011; applicant nos. 1 to 13 in O.A. No. 4340 of 2012; applicant nos. 1 to 43 in O.A. No. 5724 of 2011; applicant nos. 1 to 35 in O.A. No. 5703 of 2011; applicant nos. 1 to 26 in O.A. No. 5957 of 2011; applicant nos. 1 to 40 in O.A. No. 8630 of 2011; applicant nos. 1 to 57 in O.A. No. 5942 of 2011; applicant nos. 2 to 35 in O.A. No. 5669 of 2011; applicant nos. 1 to 23 in O.A. No. 7741 of 2011; applicant nos. 1 to 49 in O.A. No. 8560 of 2011; applicant nos. 1 to 22 in O.A. No. 8611 of 2011; applicant nos. 1 to 46 in O.A. No. 9564 of 2011; applicant nos. 1 to 30 in O.A. No. 1282 of 2012; applicant nos. 1 to 34 in O.A. No. 9439 of 2011; applicant nos. 1 to 31 in O.A. No. 9431 of 2011; applicant nos. 1 to 28 in O.A. No. 5705 of 2011; applicant nos. 1 to 16 in O.A. No. 5300 of 2011 and applicant nos. 2 to 7 in O.A. No. 6274 of 2011 retired from service on 30.06.2008 and they are claiming benefit of Revised Pay Scales, 2010 which came into force with effect from 01.07.2008.

    Sole applicants in O.A. Nos. 5892 of 2011, 4262 of 2012 and 5787 of 2011; applicant nos. 14 to 17 in O.A. No. 4340 of 2012; applicant nos. 44 to 54 in O.A. No. 5724 of 2011; applicant nos. 36 to 50 in O.A. No. 5703 of 2011; applicant nos. 27 to 47 in O.A. No. 5957 of 2011; applicant nos. 41 to 53 in O.A. nos. 8630 of 2011; applicant nos. 58 to 67 in O.A. No. 5942 of 2011; applicant nos. 36 to 40 in O.A. No. 5669 of 2011; applicant nos. 24 to 33 in O.A. No. 7741 of 2011; applicant nos. 50 to 54 in O.A. No. 8560 of 2011; applicant nos. 23 to 40 in O.A. No. 8611 of 2011; applicant nos. 47 to 63 in O.A. No. 9564 of 2011; applicant nos. 31 to 39 in O.A. No. 1282 of 2012; applicant nos. 35 to 52 in O.A. No. 9439 of 2011; applicant nos. 32 to 53 in O.A. No. 9431 of 2011; applicant nos. 29 to 42 in O.A. No. 5705 of 2011; applicant nos. 17 to 20 in O.A. No. 5300 of 2011 and applicant nos. 31 to 42 in O.A. No. 5943 of 2011, retired from service on 31.01.2010 and they are claiming the monetary benefit of Revised Pay Scales, 2010 which came into force with effect from 01.02.2010.

  5. The Tribunal relied upon the judgment of the Hon'ble Supreme Court of India in S. Banerjee v. Union of India AIR 1990 SC 285; a Full Bench decision of this Court in Principal Accountant General, Andhra Pradesh, Hyderabad & another v. C. Subba Rao 2005 (2) ALD 1, and also unreported decision of this Court dated 02.02.2008 in Writ Petition No. 5182 of 2011 and another unreported decision of this Court dated 02.09.2008 in Writ Petition No. 5182 of 2001 as confirmed in Writ Appeal No. 552 of 2013 vide order dated 08.08.2012, and granted the reliefs as prayed for.

  6. The Tribunal held that the applicants are entitled to get benefit of revised pay scales which came into force from the date on which they ceased to be government servants from the midnight of the previous month and they would acquire status of pensioners from the first day of the next month, and that since the retirement of the applicants on the afternoon of the last day of the previous month is held to be treated as retirement from the forenoon of the 1st day of the next month, the same analogy is applicable to the cases where the monetary benefit is to be extended from the 1st day of the next month, and so the applicants are entitled for reliefs as prayed for insofar as extending monetary benefits i.e. gratuity, earned leave encashment and commutation of pension at the revised rates of respective pay revision commissions is concerned, and accordingly, allowed the Original Applications.

  7. The point that arise for consideration in these Writ Petitions is whether a retired government servant is entitled for the monetary benefit of revised gratuity, encashment of earned leave and commutation of pension which come into force after the applicants retired from service after attaining age of superannuation?

  8. The Andhra Pradesh Revised Scales of Pay Rules, 1999 (for short, 'RPS Rules, 1999') came into force on 01.07.1998 as per G.O. (P) No. 114, Finance and Planning (FW: P.C.-I) Department, dated 11.08.1999. These Rules shall be deemed to have come into force on 01.07.1998. Similarly, the Andhra Pradesh Revised Scales of Pay Rules, 2005 (for short, 'RPS Rules, 2005') came into force on 01.07.2003 as per G.O. (P) No. 213, Finance (P.C.I) Department, dated 27.08.2005. Similarly, the Andhra Pradesh Revised Scales of Pay Rules, 2010 (for short, 'RPS Rules, 2010') came into force on 01.07.2008 as per G.O. Ms. No. 52, Finance (P.C.I) Department, dated 25.02.2010. Rule 8 of the RPS Rules, 1999 provides that if any difficulty arises in giving effect to the provisions of these Rules, the Government may by order make such provisions or give such directions as appear to them to be necessary for removing the difficulty. Similar Rule is incorporated in RPS Rules, 2005 and RPS Rules, 2010.

  9. The factual matrix is not in dispute. The applicants retired from service on the dates mentioned in the aforesaid paragraph no. 4 viz. one day prior to the RPS Rules, 1999, RPS Rules, 2005 and RPS Rules, 2010 came into...

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