S.V.Madhava Rao, Visakhapatnam. v. Prinicapl Secretary,Education Dept. Hyd.And 2 Others
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH [Special Original Jurisdiction] TUESDAY THE TWENTY NINETH DAY OF NOVEMBER TWO THOUSAND AND SVENTEEN PRESENT HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO. 12547 OF 1998 Between:
S.V. Madhava Rao ...
Petitioner V/s.
State of Andhra Pradesh Represented by its Principal Secretary Education Department, Secretariat, Hydrabad & Ors.
....
Respondents Counsel for the Petitioner :
Sri V. Jogayya Sarma Counsel for the Respondents :
Sri K. Jyothi Prasad Standing Counsel for Andhra University The court made the following:
:
[order follows]
HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO. 12547 OF 1998 O R D E R :
This writ petition is filed by the petitioner-management invoking the inherent jurisdiction of this Court under Article 226 of the Constitution of India seeking writ of mandamus to declare the action of the authorities in treating the age of superannuation of teachers of Andhra University for the purpose of superannuation as 60 years treating their services for pension and pensionary benefits as 58 years as illegal, arbitrary, without jurisdiction, offends Articles 14, 16 and 21 of the Constitution of India; to declare that the petitioner is eligible and entitled to be granted 1996 UGC Scales of Pay from 01/01/1996 to 30/06/1997; to direct the respondents to pay difference of salary from 01/01/1996 to 30/6/1997; to direct the respondents to treat the service of the petitioner for pension and pensionary benefits as 60 years on the basis of last pay fixed as per the 1996 revised UGC Scales and grant all consequential benefits and to pass such other suitable orders as this Court may deems fit and proper in the circumstances of the case.
2. When the matter is listed today, it has been submitted by the standing counsel that the arrears of pension to which the petitioner was entitled were paid to the petitioner on 12/03/2010 and the learned counsel appearing for the petitioner has also admitted the same and submitted that the petitioner has received pension arrears and learned counsel for the petitioner further reported to this Court that the petitioner has expired during the pendency of this writ petition on 30/5/2014.
3. In view of the same, as the respondents have resolved the issue in favour of the petitioner, no further orders are necessary and accordingly this writ petition is dismissed as infructuous. No costs.
4. As a sequel, miscellaneous petitions if any, pending in this writ petition shall stands closed.
_______________________________ JUSTICE ABHINAND KUMAR SHAVILI.
29/11/2017 I s L
HONOURABLE JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION NO. 12547 OF 1998 Date: 29/11/2017 Circulation No.
Court Master : I s L.