K.Ranga Reddy, v. The District Collector,
[32s2 | HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE MRS JUSTICE SUREPALLI NANDA WRIT PETITION NO: 5606 OF 2017 Between:
1. K.Ranga Reddy, S/o Venkat Reddy, Age 65 year9, Occ; Watchmen (Retd) R/o H.[lo. 9-71i4O, Balapur (Village) And Mandal R.R. District.
2. Smt. N.Balamma,.W/o Venkaiah-, Age 69 years, Occ; Sweeper (Retd.) R/o H.No. 7-24, Balapur: village Ranga Reddy District.
3. Smt. P.Poihamrira, Wo-Shankaraiah, Age 70 years, Occ; Sweeper (Retired) Rl/o H. No. 4-107, Balapur village Ranga Reddy District. ...pETlTlONERS AND1. The District Collector, Ranga Reddy District Lakidikapool' Hyderabad.
2. Jalpally Municipality, Rep. -by its Commissioner, Balapur Mandal, Ranga Reddy District.
3. The State of Telangana, rep. by its Principal Secretary Mpl. Admn and Urban Development Depa-rtment, Secietariat Buildings, nrO"r"Or1.-.*TTpONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the entire action of the respondents in not revising the service pension of the petitioners in terms of RPS 2015 by making necessary changes in the basic pay and also not releasing DA arrears since 2014 onwards on the untenable ground that, the Grama Panchayat Balapur ( where the petitioners worked and retired) have been merged in to Newly formed Jalpally Municipality i.e.
, 2nd respondent organization is highly illegal, arbitrary, unjust, improper, violative of all principles of natural justice, and consequently to direct the respondents to forthwith take necessary steps for revision of pension of the petitioners in terms of RPS 2015 and also pay DA arrears including PRC arrears to the petitioners.
il2il l.A. NO: 1 OF 2017(WPMP. NO:0q36 QE 2017) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to forthwith take necessary step.. for 'revision of pension of the petitioners in terms of RPS 2015 by revising their basic pay accordingly and also pay DA arrears including PRC arrears to the petitioners. Counsel for the Petitioner: SRl. SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent Nos.1 & 3: GP FOR SERVICES ' I FOR GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent No.2: SRI N. PRAVEEN KUMAR, SC FOR MUNICIPALITIES The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDA WRIT PETITIO NNo.5606 0F 20L7 ORDER:
Heard the learned counsel for the petitioners. No representation on behalf of the counsel for the respondents.
2.
The main grievance of the petitioners is inaction oF the respondents in not revising the service pension of the petitioners in terms of RPS, 2015 by making necessary changes ) ( in the basic pay and also not releasing D.A arrears since 2014, on the ground that the Grama Panchayat, Balapur (where the petitioners worked and retired) have been merged into newly formed Jalpally Municipality i.e-, 2nd respondent organization' 3.
This Court opines that the rights of the petitioners for revising the service pension in terms of RPS 2015, cannot be denied on the ground that the Grama Panchayat, Balapur had been merged into newly formed Jalpally Municipality i'e,, Znd respondent organization' 4.
Under these circumstances, the writ petition is disposed of, directing the respondents to consider the case of the petitioners for revising the service pension in terms of RPS 2015, by revising their basic pay and also to consider the case
\- of the petitioners to release DA arrears since 2014, legally, due to the petitioners, within a period of four (04) weeks from the date of receipt of copy of this order and pass appropriate orders, in accordance to law, duly communicating the said decision to the petitioners. However, there shaI be no order as to costs.
Miscellaneous petitions, if any, pend ing in this Writ Petition, shall stand closed.
\ SD/.N.CHANDRA SEKHAR BAO ASSTSTANT REGT'TRAR / SECTIoft oFFIcER To, //TRUE COPY// \ 1 . The District Collector, Ranga Reddy District Lakidikapool, Hyderabad.
2. The Commissioner, Jalpally Municipality, Balapur Mandal, Ranga Reddy District.
3. The Principal Secretary Mpl. Admn and Urban Development Department, State of Telangana, Secretariat Buildings, Hyderabad.
4. One CC to Sri Santhapur Satyanarayana Rao, Advocate [OPUC]
5. Two CCs to GP for Services-|, High Court for the State of Telangana at Hyderabad. [OUT]
6. Two CCs to GP for Municipal Administration and Urban Development, High Court for the State of Telangana at Hyderabad. [OUT]
7. One CC to Sri N. Praveen Kumar, SC for Municipalities [OPUC]
8. Two CD Copies CH SB
t HIGH COURT DN|ED:2211112022
ORDER
W.P.No.5606 of 2017 HE $I* ia-) .) .-) 2 3 ,illt 2[23 + r):
DISPOSING OF THE WRIT PETITION WITHOUT COSTS {Y\ l/_-./