SYED FAIZULLAH QUADRI Vs. DIRECTOR OF HIGHER EDUCATION

JUDGEMENT

(1.) This case provides a typical illustration of bureaucratic insensitivity and rigidity which resulted in the cancellation of the pension which was duly sanctioned to a poor attender who has retired from service on attaining the age of superannuation after putting 31 years of service.

(2.) The petitioner was appointed as a full time contingent employee on 1-8-1953 in Osmania College, Kurnool, which is a private aided college. In the year 1962 he was promoted as Attender in a regular vacancy. After serving for a total period of 31 years, he retired from service on 31-7-1984. His pension papers were duly submitted to the Accountant General, Government of Andhra Pradesh, Hyderabad, third respondent herein on 9-7-1985 through the proper channel. By proceedings dated 3-9-1985 orders were issued by the third respondent sanctioning the pension of the petitioner with effect from 1-8-1984. Thereafter abruptly on 28-2-1986 by the impugned order the pension was cancelled even without the formality of issuing a notice to the petitioner on the sole ground that his promotion as Attender in the year 1962 was irregular and contrary to G.O.Ms. No. 317 (Finance) 6-6-1984 according to which contingent posts in existence for over ten years only should be converted into regular posts and that it does not appear from the Service Book of the petitioner that there was any order of the Government converting the contingent post held by the petitioner into a regular post. Following the said order of cancellation, payment of pension has been stopped to the petitioner and the petitioner has been deprived of his pension all these years.

(3.) To say the least, this is wholly unconscionable. If there are any administrative lapses on the part of the concerned authorities, the petitioner cannot be penalised for the same and that too after a lapse of more than 30 years after extracting service from him. Not surprisingly even a counter-affidavit was not filed in the writ petition which was admitted as long ago as on 26-12-1989.