PRINCIPAL SECRETARY TO GOVERNMENT FINANCE AND PLANNING DEPARTMENT Vs. A.P. PENSIONERS SAMAJ
LAWS(SC)-2014-4-142
SUPREME COURT OF INDIA (FROM: ANDHRA PRADESH)
Decided on April 30,2014

PRINCIPAL SECRETARY TO GOVERNMENT FINANCE AND PLANNING DEPARTMENT Appellant
VERSUS
A.P. Pensioners Samaj Respondents

JUDGEMENT

- (1.)Aggrieved by the judgment of the Andhra Pradesh High Court dated 23.12.2003 in Writ Petition Nos. 16719 and 18490 of 2003, the Respondent-State preferred the instant appeals. The subject matter of the dispute is an order of the Government of State of Andhra Pradesh G.O. Ms. No. 87 Finance and Planning (FW:Pen 1) Department dated 25.5.1998. By the said G.O., the Government directed that the pension of the employees of the State be determined on the basis of the last drawn pay. However, the G.O. restricted the application only to the employees who retired from service subsequent to the date of the G.O.
(2.)Aggrieved by the said limitation imposed by G.O., those employees who retired prior to the G.O. approached the A.P. Administrative Tribunal, Hyderabad vide O.A. No. 6030 of 1999 and O.A. No. 329/2000. The said O.A. were allowed by order dated 3.1.2002 whereby the Tribunal directed that the benefit of above mentioned G.O. be given to the Respondent herein, however, with a rider that those who retired prior to the date of G.O. would not be entitled for arrears of the pension calculated in terms of the G.O..
(3.)Aggrieved by the order, the State of Andhra Pradesh carried the matter to the High Court by way of writ petition unsuccessfully and hence these instant appeals. We do not see any reason to interfere with the concurrent conclusion of the High Court as well as of the Tribunal. The appeals are accordingly dismissed.


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