P.NARASIMHA RAO Vs. CHIEF EXECUTIVE OFFICER

JUDGEMENT

(1.) The 1st petitioner was appointed as Physical Education Teacher (P.E.T.) in Z.P. High School, Gollanapalli, Krishna District on 13.02.1965. On 30.10.1980, he came to be selected and appointed as Junior Lecturer. He retired from service in the year 2001. While processing his pension papers, the respondents have counted the service of the petitioner only from 13.10.1980 onwards till the date of retirement. Claiming that his services as P.E.T. from 13.02.1965 to 30.10.1980 must be counted for the purpose of pension, the 1st petitioner filed O.A.No.12289 of 2009 before the A.P.Administrative Tribunal. He pleaded that his case is squarely covered by the proviso to Rule 26 of the A.P.Revised Pension Rules, 1980 (for short 'the Rules').

(2.) The respondents opposed the O.A. by stating that there is nothing on record to disclose that the 1st petitioner submitted resignation with a view to accept any other appointment or that the appointing authority has accepted the resignation in those terms. According to them, the entries in the service records pertaining to the post of P.E.T. were manipulated or interpolated. The first petitioner died during the pendency of the O.A. Therefore, his wife, the 2nd petitioner came on record. The Tribunal dismissed the O.A. through order, dated 17.07.2012. Hence, this writ petition.

(3.) Heard learned counsel for the petitioners and learned Government Pleader for Services II.