LAWS(APH)-1995-11-84

P LAKSHMINARAYANA SASTRY Vs. STATE OF A P

Decided On November 10, 1995
P.LAKSHMINARAYANA SASTRY Appellant
V/S
STATE OF ANDHRA PRADESH REP BY ITS SECRETARY EDUCATION DEPT SECRETARIAT, HYDERABAD Respondents

JUDGEMENT

(1.) A pathetic case of Secondary Grade Teacher is before this Court. The attitude of the 4th Respondent appears to be root cause for not settling the pension and other terminal benefits of the Petitioner.

(2.) The facts in nut-shell are that the Petitioner was working as a Secondary Grade Teacher under the 4th Respondent institution. The said post is aided post. He retired from service on 31-5-1986. Even prior to retirement, the Petitioner had already submitted the pension papers and other material for grant of pension on 20-5-1986 itself which was received by the Correspondent of the 4th Respondent institution. The grievance of the petitiioner is that he was not granted 10 years Scale, 15 years Scale and 22 years Scale and also increments was not released to him. The pension papers have not been transmitted to the District Educational Officer, the 3rd Respondent herein. The Gratuity and Pension and other benefits are remained unpaid to the Petitioner, even though he retired from service about a decade ago. The Petitioner was granted only anticipatory pension by the authorities by proceedings dated 17-6-1992.

(3.) The grievance of the petitioner is that the papers having been submitted to the 4th Respondent on 20-5-1986, it is the duty cast on the 4th Respondent to process the papers and transmit the same to the 3rd Respondent to enable him to fix the pension and also Gratuity. However, for the reasons best known to the 4th Respondent, no action was taken and thus the papers submitted by the petitioner were confined to records and no reasons were also assigned by the Management for not transmitting the papers duly fixing the pay in the necessary promotional grades. Therefore, the petitioner seeks direction to the Respondents to fix his pay after taking into consideration the 10 years, 15 years promotional benefits and also 22 years benefit and fix the pension and gratuity accordingly. He also seeks payment with an interest of Rs. 18% per annum.