G. SATYANARAYANA Vs. GEORGES GRAMMER SCHOOL

JUDGEMENT

(1.) G.Satyanarayana, a retired Telugu Pandit, plaintiff-appellant herein, filed this appeal against St. George's Grammer School, Abids, Hyderabad, represented by its Warden-cum-Correspondent, defendant-respondent herein, against the judgment and decree dtd. 23/1/2012 passed in O.S.No.899 of 2008 on the file of the learned I Senior Civil Judge, City Civil Court, Hyderabad, whereby the Court below dismissed the suit filed for various reliefs.

(2.) The plaintiff would contend that the defendant admitted that his appointment was in accordance with the A.P. Government Rules, but failed to apply the same throughout his tenure and has not complied with the orders of the Court in I.A.No.87 of 2010. But the Court below has not taken any adverse inference against the defendant and his evidence was unrebutted. The proceedings issued by the defendant shows that it is following A.P. Rules, but the same was not considered by the Court below and requested to set aside the same.

(3.) O.S.No.899 of 2008 is filed by the plaintiff seeking declaration that his last pay is Rs.17,475.00, recovery of Rs.39,265.00 towards the difference in pension and dearness relief, recovery of Rs.2,19,150.00 towards difference in gratuity, recovery of Rs.2,88,132.00 towards arrears of pay and allowance and for recovery of Rs.1,07,917.00 towards encashment of leave salary. He joined in service as a Teacher on 1/4/1977 in the pay scale of Rs.250.00430 plus allowance admissible under A.P. Government Rules and after completing 30 years of service, he retired on 30/9/2007 on attaining the age of superannuation. He would further submit that he is entitled for the pay from time to time as per the revised rules and also for difference in HRA, CCA and leave salary admissible as per the orders of the A.P. Government, but the defendant failed to follow the Rules from 1/4/1999 and it resulted in monetary loss of Rs.2,88,130.00 to the plaintiff. He would further state that A.P. Government in its order in G.O.(P) No.114, Finance and Planning (F.W. PC-I) Department, dtd. 11/8/1999 revised the pay scale with effect from 1/7/1998 with monetary benefit from 1/4/1999 and the School Management implemented the same from 1/4/2003 and paid arrears of seven (7) months from September, 2000 to March, 2001 and failed to implement the rates of dearness allowance as per the orders of the State Government and the defendant also failed to implement the revised pay scale as per G.O.(P) No.213, Finance and Planning (P.C.-I) Department, dtd. 27/8/2005. He would also assert that as per the proceedings dtd. 17/10/2007, his sanctioned pension was Rs.6,050.00 per month on the basis of last drawn pay of Rs.12,100.00 per month. In fact, it should be Rs.8,738.00 as last drawn pay of Rs.17,475.00. He would also assert that as per G.O.Ms.No.14 dtd. 30/1/1999 gratuity calculations were changed in respect of the employees retired on or before 20/1/1999 and as per G.O.Ms.No.249 dtd. 4/10/2005 the maximum limit of retirement gratuity under Rule 46 of A.P. Revised Pension Rules, 1980 is Rs.3,50,000.00, and therefore he is entitled for Rs.17,590.00 towards arrears of pension. As the defendant failed to pay the entitled amounts, the plaintiff got issued a legal notice to the defendant on 3/3/2008 but it was returned with an endorsement 'defendant away from station'. Therefore, he again sent another notice by courier but it was returned with an endorsement 'refused' and as such he filed the present seeking recovery of the amounts as stated above.