LAKSHMIKANTHA RAO N Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Appeal is preferred against the order of a learned Single Judge rejecting the plea of the writ petitioners for the extension of pensionary benefits akin to the other employees of Andhra Pradesh Khadi and Village Industries Board retiring after the cut-off date 1-4-1993.

(2.) There were originally 16 writ petitioners who filed this Writ Appeal. But, since writ petitioner/Writ Appellant No. 16 died, his legal representatives have been brought on record as writ appellants 17 to 22. We refer to the parties as arrayed in the writ petition.

(3.) The petitioners were the employees of the 2nd respondent i.e., Andhra Pradesh Khadi and Village Industries Board, hereinafter called as "the Board". They had retired before 1-4-1993. Way back on 16-11-1983, the Board had passed a resolution that its employees be treated as Government servants for all purposes including that of extending the pensionary benefits under Andhra Pradesh Revised Pension Rules, 1980 and forwarded the said resolution to the Government for its approval. Since there was no reply from the Government, the Board again passed another resolution on 25-1-1984 and as there was no response yet, the Board had passed yet another resolution dated 27-10-1984 reiterating its request for accepting the recommendation under the Resolution dated 16-11-1983. Even when these two reminders dated 25-1-1984 and 27-10-1984 did not yield any results, the Board passed another resolution dated 18-5-1987 and it was only on 6-7-1994, G.O.Ms.No. 279 Industries and Commerce (SES-I) Department, was issued making A.P. Revised Pension Rules, 1980 applicable to the employees of the Board with effect from 1-4-1993 and not to its personnel who had retired before the said date. The said governmental decision prompted the filing of the writ petition.