G.RAJA REDDY Vs. CHAIRMAN AND MANAGING DIRECTOR

JUDGEMENT

(1.) Originally, this writ petition is instituted by four individuals. But however, of them, the first petitioner Sri G. Raja Reddy died and his legal representatives are thus brought on record as 5th and 6th petitioners. The petitioners seek a direction to the respondents to extend the pensionary benefits on par with similarly placed persons who were recruited under "Half a Million Job Programme" and who have been accorded the benefit of computing the training period spent by them beyond the initial nine months period of training, as qualifying service. The State Government with a view to augment the employment opportunities, has set apart a sum of Rs. 2.50 crores for providing jobs to half a million people in various departments other than Industries Department. It is worthy to be noticed that, this was pursued by the State as a policy measure and hence, orders were passed through G.O. Ms. No. 84 (Employment and Social Welfare Department) dated 10.07.1973 wherein, detailed instructions were issued for guidance and compliance by various departments. The schemes required to be undertaken under the Half a Million Job Programme are staff schemes, training programmes and self-employment schemes. All the beneficiaries under the first two categories, i.e. staff schemes and training programmes will be stipendiaries on scales indicated at annexure 2 of the said G.O. Most importantly, this policy decision announced through the Chief Secretary to the Government clearly set out that, it is an essential requirement that there should be provision for absorption-in regular appointments next year-of the stipendiaries now appointed under the plan or non-plan schemes and the departments should observe this requirement meticulously and ensure that, such provision is available. It was also further required to ensure that the candidates under the stipendiary scheme shall fulfill all the rules and qualifications for regular appointment so that their absorption against regular posts next year would not pose any problems or need any relaxation. Under this scheme, several candidates came to be appointed in the service of the former Andhra Pradesh State Electricity Board. It is constituted in accordance with the provisions of Sections 5 of the Electricity (Supply) Act, 1948 for the State of Andhra Pradesh. The petitioners 1 to 4 are one such who came to be appointed under the Half a Million Job Programme initially and later on absorbed after expiry of the training period in the service of the APSEB.

(2.) As part of electricity reforms, the composite APSEB has been divided into Generation Corporation of Andhra Pradesh (APGENCO) and Transmission Corporation of Andhra Pradesh (APTRANSCO). Some of the graduate engineers and diploma holders selected for training under Half a Million Jobs Programme, initially on stipendiary basis and later on absorbed into regular service, represented that, the training period undergone by the graduate engineers/diploma holders beyond initial 9 months period, may be reckoned as qualifying service for purpose of computation of pensionary benefits as some of them have not put in the requisite number of years of qualifying service to earn full pension. Hence, the Transmission Corporation of Andhra Pradesh Limited has taken a policy decision and announced the same through its T.O.O. (Addl. Secy-Per) Ms. No. 69 dated 25.06.2004 ordering that, such of the employees who fall short of service to earn full pension shall make individual representations to APTRANSCO so that, the balance length of training period undergone by them after the initial training period of 9 months can be added and computed for pensionary benefits purpose. Accordingly, several employees who have retired from service after 25.06.2004 derived a small extent of benefit of having the period of training undergone by them beyond the initial 9 months period, under Half a Million Job Programme, added to the service rendered by them after absorption. Then the issue has cropped up with regard to the consideration of cases of such persons who were also recruited under Half a Million Job Programme but retired prior to 25.06.2004, the date on which orders in T.O.O. (Addl. Secy-Per) Ms. No. 69 dated 25.06.2004 are issued by the APTRANSCO. Seeing merit in the request of those who have retired prior to 25.06.2004 for treating the rest of the training period beyond the initial 9 months for qualifying service, the APTRANSCO issued orders through T.O.O. (Addl. Secy-Per) Ms. No. 83 dated 31.05.2010 extending to them also the benefit of the orders passed earlier in T.O.O. (Addl. Secy-Per) Ms. No. 69 dated 25.06.2004 subject to the conditions specified therein. No difference, on retirement gratuity and encashment of Earned Leave, shall be allowed to the pensioners on the basis of the revised computation. However, the difference in computation value of pension shall be allowed. But, the most important condition stipulated is that, the monetary benefit shall be given with effect from 01.04.2010 only. In other words, the payment of arrears of pension between 25.6.2004 upto 31.3.2010 is denied to them. In this writ petition, the validity of this condition of confining the monetary benefit w.e.f. 01.04.2010 has fallen for challenge.

(3.) Heard Sri M. Narasimloo, and Sri P. Lakshma Reddy, learned standing counsel for the respondents.