P.S.V.N. KRISHNA RAO Vs. SECRETARY

JUDGEMENT

(1.) P.S.V.N. Krishna Rao and twelve others filed this writ petition under Article 226 of the Constitution of India, questioning the Circular Lr.No.Accts/CPS/11696/2011 dtd. 4/10/2012 issued by the Secretary, Gurukulam, Hyderabad, in applying the revised Contributory Pension Scheme to the petitioners and thereby deducting subscription towards the Revised Pension Scheme introduced vide G.O.Ms.No.653 Finance dtd. 22/9/2004 and G.O.Ms.No.655 Finance dtd. 22/9/2004, though the petitioners were appointed long before introduction of New Pension Scheme and thereby, application of the above Government Order is illegal, arbitrary and requested to set-aside the same.

(2.) The brief facts of the case are that, the petitioners were appointed as Contract Resident Teachers in various subjects under the control of Andhra Pradesh Tribal Welfare Residential Educational Institutions Society Gurukulam (for short "APTWREIS) during the years 2000 - 2003. The Government had taken a policy decision and permitted the Board of Governors of APTWREIS to take necessary action for regularization of Contract Resident Teachers working in the Institutions of Gurukulam in the cadre of Trained Graduate Teachers/Physical Educational Trainers. The petitioners fulfilled the conditions prescribed for the purpose of TGTs. The first respondent-society issued orders dtd. 30/8/2008 regularizing the services of the petitioners in the category of Trained Graduate Teachers. Since then, the petitioners are working as regular trained Graduate Teachers, but subsequently some of the petitioners were promoted to the cadre of PGT/Junior Lecturers.

(3.) Government of Andhra Pradesh adopted Contributory Pension Scheme (C.P.S) on 1/9/2004, which was introduced by Government of India and all the employees appointed on and after 1/9/2004 were brought into C.P.S by issuing amendment to Andhra Pradesh Revised Pension Rules, 1980 (for short "Rules") vide G.O.Ms.No.653 Finance dtd. 22/9/2004. According to Paragraph No.2 of the said G.O, it was decided to adopt the Government of India"s New Pension Scheme based on defined contributions for the employees of the State, who are newly recruited on or after 1/9/2004. Under the new Contributory Pension Scheme, the employee and the Government shall contribute equal amount. It was also stipulated that the new Contributory Pension Scheme is not applicable to the already existing/serving employees of the Government of Andhra Pradesh.