SMT. G. MADAMMA Vs. COMMISSIONER

JUDGEMENT

(1.) Issue which falls for consideration is whether the widow of a deceased employee, who worked as an NMR in Kurnool Municipal Corporation since 1996 was entitled to pension in terms of the Andhra Pradesh Revised Pension Rules, 1980 (hereinafter referred to as 'the 1980 Rules').

(2.) Relevant facts giving rise to the aforesaid issue are as follows:

(3.) Sri P.Amarender, learned counsel appearing for the petitioner, argues that the deceased employee was in the pay of the Government since 1996. He had been granted minimum time scale of pay along with annual increments as revised from time to time. Although his services may have been regularised prospectively in 2008, for the purposes of pensionary benefits, he ought to have been treated in service on and from 01.07.1996 and governed by the 1980 Rules. The Tribunal erred in refusing family pension to her with reference to 2004 Contributory Pension Scheme which could not apply to existing employees.