D KODANDAPANI Vs. COMMISSIONER OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) The petitioner who was a Principal in B.T. College, a private aided college at Madanapalle, filed this writ petition assailing the proceedings R.C. No.2241/P4/ 95, dated 1-9-1995, of the first respondentthe Commissioner of Collegiate Education, Andhra Pradesh, Hyderabad, wherein the first respondent held that the petitioner was not eligible for the revision of pension as he continued in service up to 60 years i.e., 31-5-1993, and that the petitioner was entitled to draw pension as per the A.P. Liberalised Pension Rules, 1961. Now the question that falls for consideration of this Court is whether the A.P. Liberalized Pension Rules, 1961 or the A.P. Aided Degree, Oriental and Junior Colleges Staff Pension Rules, 1993 are applicable to the petitioner for payment of pension.

(2.) The factual background that led to the issuance of the A.P. Aided Colleges Staff Pension Rules, 1993 has to be referred before deciding the controversy involved in this writ petition. As per the original scheme, the age of retirement for the teaching and non-teaching staff working in the Aided Colleges is 60 years without any pensionary benefits.

(3.) I need not go into the entire factual background under which pension benefits were extended to the teaching and nonteaching staff working in the private aided colleges as .they were dealt with by my learned brother Justice G. Bikshapathy elaborately in Writ Petition No.8665 of 1996 and Batch dated 28-11-1997 whereunder His Lordship directed the Government to extend retirement benefits under Part-A of the Andhra Pradesh Aided Degree, Oriental and Junior Colleges Staff Pension Rules, 1993 (hereinafter referred to as 'Pension Rules, 1993') to the staff who retired from service between 29-10-1979 and 1-11-1992.