A NARSING RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) All the Writ Petitions can be disposed of by a common judgment.

(2.) The matter relates to the applicability of Liberalised Pension Rules, 1992 for the University Teachers.

(3.) The petitioners are the retired Readers and Professors of Osmania University. All of them joined in service after 1-4-1953. They retired from service after attaining the age of 60 years on various dates between 1986 and 1990. The petitioners were governed by A.P. Liberalised Pension Rules, 1961 and they were in receipt of pension as fixed under the said rules namely they were entitled for the pension calculated 33/80 on average emoluments of 10 months ending with the month of retirement subject to maximum of Rs. 1,000/- Thus a ceiling in pension was fixed. The enhancement of pension to the teachers of the Universities under the control of Education Department was under consideration of the Government and the Government decided to permit the Universities to provide more liberalised pension and pensionary benefits. Accordingly, it issued G.O.Ms.No. 241 Education (UE.2) Department, dated 30-6-1992 permitting all the Universities under the control of Education Department to frame Rules for providing more liberalised provision for fixing the pensionary benefits as indicated in the said G.O. The G.O. required the Universities to frame the Rules in two parts namely Part-A and Part-B giving option. Accordingly, Universities framed the draft Rules and the Government in G.O.Ms.No. 276 dated 2-12-1993 approved the Pension Rules to the teaching staff of the Universities. The Government also issued G.O.Ms.No. 277, dated 2-12-1993 stipulating that the Rules shall not be applicable to those who retired on or before 31-3-1992. However, it was proposed to give them the benefit of the Rules to such pensioners and family pensioners in so far as revision of pension and family pensions are concerned. Thus, the petitioners who were retired before 1-4-1992 were sought to be eliminated from the applicability of the G.O. and they were sought to be given the benefit of revision of pension and family pension only. It is stated that the teachers in Osmania University, who entered service prior to 1-4-1953 and who retired thereafter filed W.P.No. 4044 of 1988 seeking application of 1980 Pension Rules with effect from 1-1-1978. The Writ Petition was allowed on 24-4-1988 and Writ Appeal filed by the State Government was also dismissed on 10-3-1989. Thus, the teachers of the Osmania University who were appointed prior to 1-4-1953 were getting the pension calculated on the basis of 60 years with ratio of 33/66. It is also stated that the teachers recruited along with the petitioners after 1-4-1953 and who retired after 1-4-1992 got the benefit of the new Rules. Thus, teachers, who retired prior to 1-4-1992 were denied the benefit. It is stated that the denial of the benefit of Liberalised Pension Rules, 1992 to the teachers, who were retired prior to 1-4-1992 is highly arbitrary and discriminatory and violative of the Articles 14 and 16 of Constitution of India. It is also stated that cut off date as 1-4-1992 has no rational and there is no reasonable nexus to the object sought to be achieved. All the teachers, who retired prior to or after 1-9-1992 or who entered the service prior to 1-4-1953 were given the benefit of Liberalised Pension Rules, 1961 and all such teachers formed a homogeneous group and there cannot be further split in the homogeneous group. The classification was not founded on the intelligible differentia and that there is no rational nexus to the objects sought to be achieved. The petitioners heavily relied on the decision of me Supreme Court reported in D.S. Nakara vs. Union of India V. Kasturi vs. Managing Director, State Bank of India, Bombay and the judgment of this Court reported in The A.P. Non-Government Retired Teachers Association vs. The State of A.P. and the decision of the learned Single Judge of this Court in a Batch of Writ Petitions in W.P.No. 5834 of 1981 and Batch, dated 2-4-1987.