Pension Benefits to be Calculated Based on Last Drawn Salary Despite Reversion
The Andhra Pradesh High Court has recently passed a judgment in the case of N. Audilakshmamma v. Dist Judge Chittoor Dist, confirming the reversion of employees who were promoted without possessing the requisite educational qualifications. The court, while upholding the reversion, has directed that the pension and other retirement benefits of the petitioners be calculated based on the salary they drew during their tenure as attenders, acknowledging their long service period.
The petitioners, initially appointed as Part-Time Masalchis in 1981 and 1979, were later promoted to the position of attenders in 1999, despite not meeting the educational requirement of a VII class pass. This promotion was regularized, and the employees continued in these roles for 18 years. However, in June 2010, the petitioners were reverted to their original positions due to the lack of necessary qualifications, and the authorities attempted to recover the differential wages paid during their tenure as attenders.
The appellate authority set aside the wage recovery directive but upheld the reversion. Dissatisfied, the petitioners approached the High Court challenging the reversion order on the grounds of lack of prior notice and the absence of any fraudulent conduct on their part.
The court, presided over by Justices R. Raghunandan Rao and T.C.D. Sekhar, observed that while the promotions were granted without the necessary qualifications, there was no evidence of fraud or misrepresentation by the petitioners. The court noted that the regularization of their services was conducted with full awareness by the authorities. However, it ruled that the reversion was legally sound due to the qualification discrepancy.
Considering the petitioners' lengthy service as attenders, the court took a lenient stance, directing that their pension and retirement benefits be calculated based on the salary received during their higher post tenure. However, it clarified that this decision should not set a precedent for future cases and denied any entitlement to claim back wages for the period served as attenders.
The writ petitions were disposed of in accordance with these findings, with no costs ordered.
Bottom Line:
Reversion of employees due to lack of requisite qualifications upheld, but pension and other benefits to be fixed based on the salary drawn during their tenure in higher posts, considering their long period of service.
Statutory provision(s): Service Law, Pension and Retirement Benefits
N. Audilakshmamma v. Dist Judge Chittoor Dist, (Andhra Pradesh)(DB) : Law Finder Doc id # 2866864
