MAHABOOB BASHA SK Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is the son of one Shaik Masthan Bi who died on 27-5-1998. Shaik Masthan Bi was appointed as Conductress in P.S. Elementary School. Gundlapalli, Nakarikallu Mandal, Guntur District on 12-7-1974 and continued in service till her superannuation i.e., till 30-6-1994, on reaching the age of 60 years. The 5th respondent herein submitted pension proposals to the Director of Local Fund, Hyderabad-3rd respondent for certifying her pensionery benefits, on 8-5-1995. The 3rd respondent returned the proposals along with Service Registers to the 5th respondent by the letter dt.21-8-1995 stating that as per G.O.Ms. No.708 (Education) Department dt.28-5-1983 only those conductresses/ conductors whose appointment was prior to 18-1-1974 are eligible for pension and that the petitioner's mother was not eligible, as she was appointed on 12-7-1974, in the absence of any specific orders of the Government. The petitioner urges that his mother's services were converted into last grade service with effect from 1-4-1981 as per the provisions of G.O.Ms. No.156 (Finance and Planning) Department dated 20-4-1983. The order clearly directs that preabsorption service of full time contingent employees who were absorbed in Government service against the posts of full time contingent employees converted into last grade service (like the case of petitioner's mother), be counted for the purpose of pension in combination with the subsequent regular service.

(2.) Thereafter, the 6th respondent by his letter dt.5-10-1995 re-submitted proposals for pension to the petitioner's mother to the 1st respondent through the 2nd respondent recommending that the petitioner's mother is entitled to the benefits under G.O.Ms. No.156 dt.20-4-1983. By another letter dated 12-12-1995, the 5th respondent is stated to have sent up a detailed letter to the 1st respondent routed through the 2nd respondent, forwarding the service registers of the petitioner's mother, requesting consideration of her case and for issuance of ratification orders for grant of pensionery benefits to the petitioner's mother with effect from 1-7-1994 duly taking into account the contingent service put in by her from 12-7-1974 to 31-3-1994 (sic. 31-3-1981) in combination with the subsequent regular service put up by her from 1-4-1981 to 30-6-1994 as per the order in G.O.Ms. No.156 dt.20-4-1983, as a special case.

(3.) During her lifetime, the petitioner's mother pursued her claim for pension but her case was floundering in the labyrinths of the Secretariat and other offices. Eventually, she left her earthly abode on 27-5-1998. After his mother's death, the petitioner continued to pursue his mother's entitlement to pension. According to the petitioner, some times he was informed that there were no funds with the District Parishad Gratuity Fund Office and at other times, that the papers are under process.