G.O. Ms No.223 Dt:15-12-2014 calculation of pension based on the pay last drawn–Extension of the benefit to all employees retired prior to 25-05-1998

GOVERNMENT OF ANDHRA PRADESH

ABSTRACT

PENSION–A.P. Revised Pension Rules, 1980–Orders issued in G.O. Ms No. 87, Finance & Planning (FW-Pen. I) Department, dated 25.05.1998 for calculation of pension based on the pay last drawn–Extension of the benefit to all employees retired prior to 25-05-1998 and surviving on that date–Orders of Hon’ble A.P.A.T. dated 03.01.2002 in O.A. No. 50303 of 1999 and 329 of 2000 - Implementation–Orders–Issued.
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FINANCE (HRM-VI) DEPARTMENT

G.O. Ms No.223                                                                                        Dated 15th December, 2014
                                                                          Read the following:
1. G.O. Ms. No. 87, Finance & Planning (FW-Pen. I) Dept., dated 25.05.1998.
2. APAT Judgment dated 03.01.2002 in O.A. No. 50303 of 1999 and 329 of 2000.
3. A.P. High Court Judgment dated 23.12.2003 in W.P. No. 16719 of 2003 and 18490 of 2003.
4. Supreme Court of India Judgment dated 30.04.2014 in Civil Appeal No. (s) 367 – 5368 of 2005.
5. From the Director of Treasuries and Accounts, A.P., Hyderabad Letter No. D3/5594/2014,                         Dt04.07.2014.

.oOo

ORDER:
                           Prior to the issue of orders first read above, pension of a retiring Government Servant was determined on the basis of average emoluments drawn by him under Rule 45(2)(b) of A.P. Revised Pension Rules, 1980. As per Rule 32 of the A.P. Revised Pension Rules ‘Average Emoluments are determined with reference to the emoluments drawn by a Government Servant during the last 10 months of his service.
                         2. In the G.O. first read above, orders were issued dispensing with procedure of
calculating the pension based on the average emoluments drawn during the last 10 months of service with a view to libralise the procedure for computation of Pension. In the Government Order first read above, last pay drawn was ordered to be treated as the emolument for calculation of pension under Rule 45(2)(b). These orders were given effect from the date of issue i.e., 25-05-1998.
                         3. However, certain employees who retired prior to 25.05.1998 the approach the Andhra Pradesh Administrative Tribunal(APAT) with a prayer for extending the benefit of the said G.O. to the employees retired before 25.05.1998. The APAT in its judgment
                         2 nd read above directed that employees retired prior to 25.05.1998 and living on the date
of issue of G.O. 1st cited are entitled for arrears from 25.05.1998

G.O. Ms No.223 Dt:15-12-2014 calculation of pension based on the pay last drawn–Extension of the benefit to all employees retired prior to 25-05-1998