KAVITHA CHINTHAPALLY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Since the parties and the issue involved in batch of these three writ petitions are common, these three writ petitions are being heard together and disposed by way of this common order.

(2.) All these three Writ Petitions are filed under Article 226 of the Constitution of India seeking to issue an appropriate writ, order or direction more particularly, one in the nature of writ of Mandamus declaring the action of respondent Nos.1 to 4 having adopted and implemented the Government of India's New Pension Scheme and not adopting the guidelines of the Office Memorandum, dtd. 17/2/2020 issued by the Deputy Secretary to Government of India vide Ref.No.57/04/2019-P & PW (B), and Office Memorandum under Ref.No.57/05/2021- P&PW(B), dtd. 3/3/2023, as arbitrary, illegal and violative of Articles 14, 16, 19, 21 and 300-A of the Constitution of India and consequently, direct the respondents to adopt and implement the Office Memorandums, dtd. 17/2/2020 and 3/3/2023, either by adopting or modifying the Telangana State Revised Pension Rules, 1980 or issuing official Memorandum identical to the Government of India Office Memorandums, dtd. 17/2/2020 and 3/3/2023, so as to give effect to the petitioners.

(3.) Petitioners before this Court in W.P.No.22559 of 2023 were appointed and working as Junior Assistant(s), Typist(s) and Personal Assistant(s) in the Unit of District and Sessions Judge, Mahabubnagar District; similarly petitioners in W.P.No.15644 of 2023 were appointed as Junior Assistant(s), Typist(s), Field Assistant(s), Copyist(s) and Attendar (s)/Process Server(s) in the unit of District and Sessions Judge, Mahabubnagar District and the petitioners in W.P.No.11398 of 2023 were appointed and working as Junior Assistant(s), Typist(s), Field Assistant(s) and Attender(s)/Process Server(s) in the unit of Principal District and Sessions Judge, Nizamabad District and the aforesaid Districts are under the control of the High Court for the State of Telangana. All the petitioners were appointed through direct recruitment vide Notification No.1 of 2004, No.2 of 2004, No.5 of 2004, No.6 of 2004 and No.7 of 2004, dtd. 22/1/2004 and 19/1/2004 respectively, issued by the Unit Head of Mahabubnagar District.