Telangana High Court
B. Srinivasulu vs The State Of Telangana, on 7 August, 2025
Author: P.Sam Koshy
Bench: P.Sam Koshy
THE HON'BLE SRI JUSTICE P.SAM KOSHY
AND
THE HON'BLE SRI JUSTICE SUDDALA CHALAPATHI RAO
WRIT PETITION NO.20910 OF 2025
ORDER:
(per Hon’ble Sri Justice Suddala Chalapathi Rao)
This Writ Petition is filed under Article 226 of the
Constitution of India, seeking to grant the following relief:
“…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, in not adopting the
guidelines of the Official Memorandum, dated 17.02.2020 issued by
the Deputy Secretary to Government of India vide
Ref.No.57/04/2019-P & PW(B), and Official Memorandum under
reference No.57/05/2021-P & PW(B), dated 03.03.2023, is nothing
but arbitrary, illegal, violative to Articles 14, 16, 19, 21 and 300-A of
Constitution of India, and consequently direct the respondents to
adopt and implement the guidelines of the Official Memorandum
dated 17.02.2020 and 03.03.2023, either by making adopting or
modifying the Telangana State Revised Pension Rules 1980, or by
issuing an Official Memorandum alike with the Government of India
Official Memorandum dated 17.02.2020 & 03.03.2023, so as to give
effect to the petitioner herein…”
2. The brief facts of the case are that, in pursuant to the
Notification No.8/2004, dated 08.04.2004 vide Dis.No.3020/
Admn/2004 issued by the District and Sessions Court,
Mahabubnagar, petitioner was appointed as Personal Assistant
(Steno-Typist) vide Order No.90/04/Admn, Dis.No.1174, dated
10.02.2005 and posted as Personal Assistant in the Court of
Junior Civil Judge, Gadwal and that the petitioner is promoted
as Grade-II Stenographer (Cat.5) vide proceedings Order
Dis.No.7236 dated 15.11.2004 issued by the Prl.District and
Sessions Judge, Mahabubnagar. Later, petitioner was promoted
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as Grade-I Stenographer (Cat.4) vide proceedings dated
13.05.2019. It is further averred that petitioner was appointed as
Personal Assistant (Steno-Typist) in the Unit of Principal District
and Sessions Judge, Mahabubnagar through direct recruitment
in the vacancy arisen before 31.08.2004. The written
examination for the said post was conducted and due to
administrative exigencies arisen during that period, issuance of
appointment order was got delayed and that the posting of this
petitioner was issued on 10.02.2005.
3. It is further averred that during the relevant period, when
the notification mentioned supra, the other Units of Principal
District and Sessions Judge, which were under the control of the
Hon’ble High Court for the composite State of Andhra Pradesh
also issued notifications for filling of the posts that arose prior to
31.08.2004, posts were filled up, appointment orders were given
prior to 31.08.2004 and those persons were covered under Old
Pension Scheme. But, in the Unit of District and Sessions Judge,
Mahabubnagar, the issuance of appointment letters prior to
31.08.2004 got delayed due to administrative reasons and that
the posting of the petitioner was issued on 10.02.2005.
Meanwhile, the new pension scheme (now called New Pension
Scheme) for all employees, who joined the service of the State
Government and all rules and regulations applicable to State
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Government employees were also made applicable to the Judicial
Employees as well under the control of the Hon’ble High Court.
As per the Rule 26.4 of the Telangana State Judicial (Service and
Cadre) Rules, 2023, regarding conditions of service, the
Telangana Civil Services (Classification, Control and Appeal)
Rules, 1991, the Telangana State Civil Services (Conduct) Rules,
1964, the Fundamental Rules, the Telangana Leave Rules, 1933
and the Pension Rules, for the time being in force, shall, insofar
as they may be applicable to these employees/officers. That due
to delay in issuing appointment orders, the respondents herein
are applying new scheme and the Contributory Pension Scheme
(CPS) also called as National Pension Scheme (NPS) is being
implemented for the employees whose appointments are after
01.09.2004.
4. It is stated that in the budget for 2001-2002, the
Government of India has announced that all New Pension
Schemes based on a defined contribution would be implemented
in respect of Central Government Services including All India
Services, such as Indian Administrative Services, Indian Police
Services, Indian Foreign Service etc., after 01.10.2001. The
combined State of Andhra Pradesh and the State of Telangana
vide its G.O.Ms.No.653, Finance (Pension-I) Department, dated
22.09.2004 have decided to adopt the Government of India’s New
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Pension Scheme (NPS) based on Defined Contributions for the
employees of State, who are newly recruited on or after
01.09.2004. Under the new Contributory Pension Scheme (CPS),
each employee has to contribute certain amount and
Government will contribute certain amount. It is stated that
when old pension scheme was prevailed, there was no such
contribution required from the employees.
5. It is further case of the petitioner that on receipt of further
representations received by the Government of India after
issuance of official memorandum under Reference No.57/04/
2019-P& PW(B), dated 17.02.2020 requesting to extend the said
benefit of pension on the ground that the appointments were
made against the posts notified for recruitment prior to
notification of National Pension System (NPS). Respondent No.5
issued further clarification by way of Official Memorandum
under Reference No.57/05/2021-P&PW(B), dated 03.03.2023.
After consultation of all the Departments and decisions of the
Courts, it has decided where the Central Government Civil
Employees have been appointed against a post or vacancy which
was advertised against a post prior to date of notification for
National Pension Scheme i.e., 22.12.2003 and is covered under
the National Pension System of joining service on or before
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01.01.2004 by giving one-time option to be covered under CCS
(Pension) Rules, 1972 (now 2021).
6. It is further averred that as there is delay on the part of the
respondents in finalizing the recruitment of the petitioner along
with batch officers, writ petitioner along with batch of officers
have been taken into the new scheme of pension and it is the
contention of the petitioner that the appointment of the
petitioner and batch officers was only delayed due to
administrative reasons/constraints of the respondent
authorities. Further, as the notification was issued even prior to
coming into force of new pension scheme called OPS, the
petitioner and another batch officers would fall within the old
pension scheme and are entitled for the benefit of old pension
scheme.
7. It is further stated that during relevant period of above said
notification, the other units of Principal and District Judges,
which were under the control of the erstwhile High Court of
Andhra Pradesh also issued notifications for filling up of posts
that arose prior to 31.08.2004 and those notifications were acted
upon and appointment orders were also issued and those
persons were covered under old pension scheme. But, in the
instant case only the issuance of appointment order got delayed
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though the notification was earlier. As a result of which,
petitioner along with other batch of officers have been denied
their valuable right to receive the pension under old pension
scheme, General Provident Fund etc.
8. The persons, who got selected under corresponding
notifications issued during the similar period in other Units
under the control of this Court, got covered under Old Pension
Scheme benefits. It is only in the case of the petitioner and
another batch of officers such a grave prejudice has been caused
due to the delaying in appointments by the respondents herein
and that petitioner along with others were equally entitled for old
pension scheme and other similarly situated persons to that of
the petitioner have been given the benefit of old pension scheme
pursuant to the orders of this Hon’ble Court in W.P.No.22559 of
2023 and batch, dated 19.03.2025. The petitioner has
approached this Court to extend the benefit under the old
pension scheme and he cannot be denied of that right as other
similarly situated persons have been granted the benefit under
the old pension scheme in pursuance of the orders of this Court.
9. The grievance of the petitioner is that in similar
circumstances, the Division Bench of High Court of Bombay vide
order, dated 28.04.2023 in W.P.No.2270 of 2021 by taking into
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account the Official Memorandums, dated 17.02.2020 and
03.03.2003 and also considering the ratio laid down by the
Hon’ble Apex Court in various judgments, directed the
petitioners therein shall be governed by old pension scheme in
vogue prior to 01.11.2005. Further, in similar circumstances,
this Court also disposed of Writ Petitions in W.P.No.15644 of
2023, dated 19.03.2025.
10. Heard Sri V.Raja Shekar Reddy, learned counsel for the
petitioner, Sri S.Suman, learned Government Pleader for
respondent No.1, Smt. M.Shalini, leaned Government Pleader for
Services-II appearing for respondent No.2 and Sri K.V.Raman,
learned Standing Counsel for respondent Nos.3, 4 & 6.
11. From the perusal of aforementioned Notifications, it is clear
that the same were issued much prior to 31.08.2004. It is stated
that the combined State of Andhra Pradesh and the State of
Telangana vide G.O.Ms.No.653, Finance (Pension-I) Department,
dated 22.09.2004 decided to adopt the Government of India’s
New Pension Scheme based on Defined Contributions for the
employees of State who are newly recruited on or after
01.09.2004.
12. Taking into consideration the various representations and
decisions of the Courts and after careful analysis, the
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Government of India issued clarification that old pension scheme
has to be applied in case of candidates whose selection process
was held prior to 01.01.2004, but their appointments were got
delayed due to administrative reasons. Accordingly, an Official
Memorandum was issued by the Government of India,
Department of Pension vide No.57/04/2019-P& PW(B), dated
17.02.2020 and Office Memorandum No.57/05/2021-P&PW(B),
dated 03.03.2023 requesting to extend the said benefit of
pension as the appointments were made against the posts/
vacancies advertised/notified for recruitment prior to notification
of NPS and basing on which, respondent No.5 has also issued
further clarification by way of Official Memorandum under
Reference No.57/05/2021-P&PW(B), dated 03.03.2023, which
reads as follows:
“No. 57/05/2021-P&PW(B)
Government of India
Ministry of Personnel, Public Grievances and Pensions Department of Pension and
Pensioners WelfareLok Nayak Bhawan, Khan Market,
New Delhi, the 03rd March, 2023OFFICE MEMORANDUM
Subject: Coverage under Central Civil Services (Pension) Rules, in place of National
Pension System, of those Central Government employees who were recruited against
the posts/vacancies advertised /notified for recruitment, on or before 22.12.2003.
The undersigned is directed to say that consequent on introduction of
National Pension System (NPS) vide Ministry of Finance (Department of Economic
Affairs) Notification No. 5/7/2003-ECB & PR dated 22.12.2003, all Government
servants appointed on or after 01.01.2004 to the posts in the Central Government
service (except armed forces) are mandatorily covered under the said scheme. The
Central Civil Services (Pension) Rules, 1972 and other connected rules were also
amended vide Notification dated 30.12.2003 and, after the said amendment, those
rules are not applicable to the Government servants appointed to Government
service after 31.12.2003.
2. Subsequently, Department of Pension and Pensioners’ Welfare in consultation
with the Department of Personnel & Training, Department of Expenditure and
Department of Legal Affairs in the light of the various representations/references
and decisions of Hon’ble Courts, issued instructions vide OM No. 57/04/2019-
9P&PW(B) dated 17.02.2020 giving one time option to Central Government employees
who were declared successful for recruitment in the results declared on or before
31.12.2003 against vacancies which occurred before 01.01.2004 and were covered
under the National Pension System on joining service on after 01.01.2004, to be
covered under the CCS(Pension) Rules, 1972 (now 2021). There was fixed time
schedule for different activities under the aforesaid OM dated 17.02.2020.
3. Representations have been received in this Department from the Government
servants appointed on or after 01.01.2004 requesting for extending the benefit of the
pension scheme under Central Civil Services (Pension) Rules, 1972 (now 2021) on the
ground that their appointment was made against the posts/vacancies
advertised/notified for recruitment prior to notification for National Pension System,
referring to court judgments of various Hon’ble High Courts and Hon’ble Central
Administrative Tribunals allowing such benefits to applicants.
4. The matter has been examined in consultation with the Department of Financial
Services, Department of Personnel & Training, Department of Expenditure and
Department of Legal Affairs in the light of the various representations/references
and decisions of the Courts in this regard. It has now been decided that, in all cases
where the Central Government civil employee has been appointed against a post or
vacancy which was advertised/notified for recruitment/appointment, prior to the
date of notification for National Pension System i.e. 22.12.2003 and is covered under
the National Pension System on joining service on or after 01.01.2004, may be given
a one-time option to be covered under the CCS(Pension) Rules, 1972 (now 2021). This
option may be exercised by the concerned Government servantslatest by 31.08.2023.
5. Those Government servants who are eligible to exercise option in accordance with
para-4 above, but who do not exercise this option by the stipulated date, shall
continue to be covered by the National Pension System.
6. The option once exercised shall be final.
7. The matter regarding coverage under the CCS (Pension) Rules, 1972 (now 2021),
based on the option exercised by the Government servant, shall be placed before the
Appointing Authority of the posts for which such option is being exercised for
consideration, in accordance with these instructions. In case the Government
servant fulfills the conditions for coverage under the CCS (Pension) Rules, 1972 (now
2021), in accordance with these instructions, necessary order in this regard shall be
issued latest by 31st October, 2023. The NPS account of such Government servants
shall, consequently, be closed w.e.f. 31st December, 2023.
8. The Government servants who exercise option to switch over to the pension
scheme under CCS (Pension) Rules, 1972 (now 2021), shall be required to subscribe
to the General Provident Fund (GPF). Regarding accountal of the corpus in the NPS
account of the Government servant, Controller General of Accounts (CGA) has
furnished the following clarification vide letter No. 1(7)(2)/2010/cla./TA III/390
dated 14.11.2019 & I.D. Note No. TA-3-6/3/2020-TA-III/cs-4308/450 dated
23.12.2022:
i) Adjustment of Employees’ contribution in Accounts: Amount may be credited to
individual’s GPF account and the account may be recasted permitting up-to-date
interest (Authority-FR-16 &Rule 11 of GPF Rules).
ii) Adjustment of Government contribution under NPS in Accounts: To be accounted
for as (-) Dr. to object head 70 – Deduct Recoveries under Major Head2071 – Pension
and other Retirement benefit – Minor Head 911- Deduct Recoveries of over payment
(GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts).
iii) Adjustment of increased value of subscription on account of appreciation of
investments – May be accounted for by crediting the amount to Govt. account under
M.H. 0071- Contribution towards Pension and Other Retirements Benefits 800- Other
Receipts (Note under the above Head in LMMHA).
9. All Ministries/Departments are requested to give wide publicity to these orders
without fail. The cases of those Government servants who fulfill the conditions
mentioned in this O.M. and who exercise option to switch over to the pension
scheme under CCS (Pension) Rules, 1972 (now 2021) may be settled by the
administrative Ministries/Departments in accordance with these orders.
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10. This issues in consultation with Ministry of Finance, Department of Expenditure
vide ID Note No. 1(7)/EV/2019 dated 05.12.2022 & 07.02.2023 and in consultation
with Controller General of Accounts vide their I.D. Note No. TA-3-6/3/2020-TА-
III/cs-4308/450 dated 23.12.2022.
11. In so far as the persons serving in the Indian Audit and Accounts Department are
concerned, these orders are issued in consultation with Comptroller and Auditor
General of India, as mandated under Article 148(5) of the Constitution of India.”
13. The effective date applicable to the case of the petitioner
would be with effect from 01.09.2004 as the State Government
adopted the same with effect from 01.09.2004 and the petitioner
was also appointed based on the vacancies arisen prior to
31.08.2004 and notification was issued prior to 01.09.2004 i.e.,
on 08.04.2004 in the case of the petitioner.
14. The Division Bench of High Court of Bombay in Khilari
Rajendra Eknath and others v. The State of Maharashtra and
others (W.P.No.2270 of 2021) vide order, dated 28.04.2023
in W.P.No.2270 of 2021 taking into account of the Office
Memorandum, dated 17.02.2020 and 03.03.2023 and also
considering the ratio laid down by the Hon’ble Apex Court in
various judgments directed that the petitioners shall be governed
by Old Pension Scheme. Further, it is also pertinent to mention
that in similar circumstances, the Division Bench of this Court
also disposed of W.P.No.15644 of 2023 and batch, dated
19.03.2025, which is squarely applicable to the case of the
petitioner.
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15. During the course of arguments, learned counsel for
petitioner and learned Government Pleaders for the respondents
admitted that the issue involved in this Writ Petition squarely
covered by the order passed by this Court in W.P.No.22559 of
2023 and Batch, dated 19.03.2025, wherein this Hon’ble Court
was pleased to dispose of the said writ petitions by giving specific
direction to the respondents therein.
16. Taking in to consideration of the facts and circumstances
of the case and following the said common order, this Writ
Petition is also disposed of on similar lines directing the
respondents to implement Official Memorandum issued by the
Government of India, Department of Pension vide No.57/04/
2019-P&PW(B), dated 17.02.2020 and Official Memorandum
under Reference No.57/05/2021-P&PW(B), dated 03.03.2023, in
respect of the petitioner and also considering the fact that there
is no information submitted by either of the respondents in
respect of opportunity being given to the petitioner to exercise
his option, we feel it desirable and appropriate that the
respondents shall seek options as a onetime measure from the
petitioner, who is covered under the present writ petition and
any other employees who are recruited and whose selection
process was commenced prior to 01.09.2004 as against the
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vacancies which had arisen much prior to 31.08.2004 and
appointment was subsequent to 01.09.2024. Consequently
respondents shall take further steps accordingly and make
applicability of the relevant pension rules to the petitioner as
opted by him, which are applicable to him as per the Judgment
of the High Court of Bombay in Khilari Rajendra Eknath’s
case (supra) and also in pursuance of the directions of this
Hon’ble Court in W.P.Nos.22559 of 2023 and batch dated
19.03.2025. The entire exercise shall be completed by the
respondents within a period of three (3) months from the date of
receipt of a copy of this order. There shall be no order as to
costs.
Miscellaneous petitions, if any, pending shall stand closed.
_________________________________
P.SAM KOSHY, J
_________________________________
SUDDALA CHALAPATHI RAO, J
Date: 07.08.2025
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