THUPAKULA VENKATESWAR RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) The petitioners in this batch of writ petitions are all retired Government Employees who formerly held various positions in the State of Andhra Pradesh. They retired from service on attaining the age of superannuation of 58 years. The present batch of writ petitions has been filed challenging the validity of Rule 18 of the Andhra Pradesh Civil Pensions (Commutation) Rules, 1944.

(2.) The petitioners contend that Rule 18 which stipulates a 15-year period for the restoration of the commuted portion of pension is arbitrary, unjust and leads to unjust enrichment of the state. The petitioners therefore pray for a writ of Mandamus to declare Rule 18 as illegal and to direct the respondents to restore the full pension after 11 years and 3 months.

(3.) As is commonly known and understood, employees who joined the government service before 1st of September 2004 and have retired subsequently, are entitled to receive pension which is a welfare measure providing financial security and stability to employees post their retirement from service. Pension is payable to an employee post his retirement and after his death, the eligible members of their family get what is called family pension.