M KRISHNA MURTHY Vs. JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY

JUDGEMENT

(1.) This writ petition has been instituted seeking a writ of mandamus to call for the records relating to the amendment of Rule 25 of the Statute XIV of the first Statutes of the Jawaharlal Nehru Technological University and consequently, to set aside the order dated 09-02-1999 issued by the respondent University. The petitioner also sought for consequential relief for extending the benefit of the Judgment dated 13-10-2008 rendered in W.P. No. 1378 of 2007. He also sought for setting aside the proceedings dated 06-06-2009 issued by the respondent University in respect of the petitioner, duly treating the age of superannuation of the petitioner as 60 years in terms of Andhra Pradesh Revised Pension Rules, 1980.

(2.) The relevant facts are; the petitioner was initially recruited to the service of the first respondent University as a Technical Assistant Grade-II on 09-12-1994. He was promoted as a Technical Assistant Grade-I on 30-11-2000. His services as Technical Assistant Grade-I have been regularized. On 06-06-2009 it was notified that the petitioner would be retiring from service on the afternoon of 30-06-2009 on attaining the age of superannuation of 58 years. Accordingly, the writ petitioner has been retired and relieved from the service of the respondent University on the afternoon of 30-06-2009. Subsequently, he instituted this writ petition seeking the reliefs noticed supra.

(3.) It was urged that pursuant to the State Legislature enacting J.N.T.U. Act (Act No. 16 of 1972), the respondent University came to be constituted with effect from 02-10-1972. Prior thereto, the employees working under the Technical Education Department and also in various Government Engineering Colleges were all treated as Government Servants and their conditions of service were regulated by Rules framed in terms of the Proviso to Article 309 of our Constitution. Upon constitution of the respondent University, the services of various Government employees stood transferred to the service of the respondent University. Statute 25 prescribed the age of superannuation of the employees covered by those set of rules as 60 years but not 58 years. However, without any regard to the obligation to preserve and protect the conditions of service of the Government employees, who stood transferred to the J.N.T.U., upon its formation, the Statutes are sought to be amended reducing the age of superannuation of the employees, who are in non-teaching cadre to be 58 years instead of 60 years. Consequently, the employees, who have completed 58 years of age as on 23-09-1998 and continuing as such after 23-09-1998 are all sought to be retired duly treating the service rendered by them after attaining the age of 58 years, as just service. In those set of circumstances, some of the employees approached this Court by instituting W.P. No. 8480 of 2003, which was allowed on 09-07-2003 directing the respondents to determine the pension of those writ petitioners in accordance with the A.P. Revised Pension Rules, 1980 duly reckoning the age of superannuation as 60 years. The respondent University challenged the correctness of the said order by instituting W.A. No. 2115 of 2003. The said writ appeal was dismissed on 15-03-2004. On the precious plea that Revised Pension Rules are applicable to the case of the writ petitioner, his age of superannuation was sought to be determined at the age of 58 years instead of treating it as 60 years.