ORDER : Suddala Chalapathi Rao, J. This Writ Petition is filed under Article 226 of the Constitution of India, seeking to grant the following relief: “…to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.1 to 4, having adopted and implemented the Government of India’s New Pension Scheme, in not adopting the guidelines of the Official Memorandum, dated 17.02.2020 issued by the Deputy Secretary to Government of India vide Ref.No.57/04/ 2019-P&PW(B), and Official Memorandum under reference No.57/05/ 2021-P&PW(B), dated 03.03.2023, is nothing but arbitrary, illegal, violative to Articles 14, 16, 19, 21 and 300-A of Constitution of India, and consequently direct the respondents to adopt and implement the guidelines of the Official Memorandums dated 17.02.2020 and 03.03.2023, either by making adopting or modifying the Telangana State Revised Pension Rules 1980, or to issue Official Memorandum alike with the Government of India Official Memorandum dated 17.02.2020 & 03.03.2023, as well as the Government of A.P., vide Circular No.U.O Note No.1273065/Fin/01/HROMISC/87/2020-HR III, dated 03.03.2025, so as to give effect to the petitioner herein…” 2. The brief facts of the case are that, initially petitioner was appointed as Typist-cum-Clerk on temporary basis in the District Legal Services Authority, Warangal District vide proceedings No.DC-WGL/DLSA-RC/Dis.No.575, dt. 01.07.2000 in the existing vacancies and his probation was declared on 09.04.2003 and he had subscribed to General Provident Fund, general insurance etc., as per the Rules existing in DLSA. 3. While so, the 4 th respondent-Prl.District & Sessions Judge, Warangal issued notification No.DC-WGL-AW-RC, Dis.No.10212, dated 17.02.2004 by re-notifying in supersession to earlier notification vide Dis.No.5195 dated 13.10.2003 for filling up the posts of Personal Assistant (Steno-Typist) through direct recruitment against the vacancies arisen before 31.08.2004. It is further averred that he applied for the said post through proper channel, that the written examination for the said post was conducted even prior to 31.08.2004, and due to administrative exigencies arisen during that period, issuance of proceedings of appointment letter got delayed and later he was appointed in the post of Steno-Typist vide orders DC-WGL-AW-E/Dis.No.6137 dated 30.10.2004. 4. It is further averred that while he was working in the Unit of 7 th respondent, he was holding GPF account, APGLIC etc. 4. It is further averred that while he was working in the Unit of 7 th respondent, he was holding GPF account, APGLIC etc. and after his joining in the unit of 3 rd respondent, he submitted application dated 01.07.2008 to this Hon’ble High Court for the composite State of Andhra Pradesh, seeking pay protection in his earlier post. Meanwhile, the new pension scheme (now called New Pension Scheme) for all employees, who joined the service of the State Government and all rules and regulations applicable to State Government employees were also made applicable to the Judicial Employees as well under the control of the Hon’ble High Court. As per the Rule 26.4 of the Telangana State Judicial (Service and Cadre) Rules, 2023, regarding conditions of service, the Telangana Civil Services (Classification, Control and Appeal) Rules, 1991, the Telangana State Civil Services (Conduct) Rules, 1964, the Fundamental Rules, the Telangana Leave Rules, 1933 and the Pension Rules, for the time being in force, shall, insofar as they may be applicable to these employees/officers. That due to delay in issuing appointment orders, the respondent herein are applying new scheme and the Contributory Pension Scheme (CPS) also called as National Pension Scheme (NPS) is being implemented for the employees whose appointments are after 01.09.2004. 5. It is stated that in the budget for 2001-2002, the Government of India has announced that all New Pension Schemes based on a defined contribution would be implemented in respect of Central Government Services including All India Services, such as Indian Administrative Services, Indian Police Services, Indian Foreign Service etc., after 01.10.2001. The combined State of Andhra Pradesh and the State of Telangana vide its G.O.Ms.No.653, Finance (Pension-I) Department, dated 22.09.2004 have decided to adopt the Government of India’s New Pension Scheme (NPS) based on Defined Contributions for the employees of State, who are newly recruited on or after 01.09.2004. Under the new Contributory Pension Scheme (CPS), each employee has to contribute certain amount and Government will contribute certain amount. It is stated that when old pension scheme was prevailed, there was no such contribution required from the employees. 6. Under the new Contributory Pension Scheme (CPS), each employee has to contribute certain amount and Government will contribute certain amount. It is stated that when old pension scheme was prevailed, there was no such contribution required from the employees. 6. It is further case of the petitioner that on receipt of further representations received by the Government of India after issuance of official memorandum under Reference No.57/04/ 2019-P& PW(B), dated 17.02.2020 requesting to extend the said benefit of pension on the ground that the appointments were made against the posts notified for recruitment prior to notification of National Pension System (NPS). The Additional Secretary to Government of India issued further clarification by way of Official Memorandum under Reference No.57/05/2021- P&PW(B), dated 03.03.2023. After consultation of all the Departments and decisions of the Courts, it has decided where the Central Government Civil Employees have been appointed against a post or vacancy which was advertised against a post prior to date of notification for National Pension Scheme i.e., 22.12.2003 and is covered under the National Pension System of joining service on or before 01.01.2004 by giving one-time option to be covered under CCS (Pension) Rules, 1972 (now 2021). 7. It is further averred that as there is delay on the part of the respondents in finalizing the recruitment of the petitioner along with batch officers, writ petitioner along with batch of officers have been taken into the new scheme of pension and it is the contention of the petitioner that the appointment of the petitioner and batch officers was only delayed due to administrative reasons/constraints of the respondent authorities. Further, as the notification was issued even prior to coming into force of new pension scheme called OPS, the petitioner and another batch officers would fall within the old pension scheme and are entitled for the benefit of old pension scheme. 8. It is further stated that during relevant period of above said notification, the other units of Principal and District Judges, which were under the control of the erstwhile High Court of Andhra Pradesh also issued notifications for filling up of posts that arose prior to 31.08.2004 and those notifications were acted upon and appointment orders were also issued and those persons were covered under old pension scheme. But, in the instant case only the issuance of appointment order got delayed though the notification was earlier. But, in the instant case only the issuance of appointment order got delayed though the notification was earlier. As a result of which, petitioner along with other batch of officers have been denied their valuable right to receive the pension under old pension scheme, General Provident Fund etc. 9. The persons, who got selected under corresponding notifications issued during the similar period in other Units under the control of this Court, got covered under Old Pension Scheme benefits. It is only in the case of the petitioner and another batch of officers such a grave prejudice has been caused due to the delaying in appointments by the respondents herein and that petitioner along with others were equally entitled for old pension scheme and other similarly situated persons to that of the petitioner have been given the benefit of old pension scheme pursuant to the orders of this Hon’ble Court in W.P.No.22559 of 2023 and batch, dated 19.03.2025. The petitioner has approached this Court to extend the benefit under the old pension scheme and he cannot be denied of that right as other similarly situated persons have been granted the benefit under the old pension scheme in pursuance of the orders of this Court. 10. The grievance of the petitioner is that in similar circumstances, the Division Bench of High Court of Bombay in Khilari Rajendra Eknath and others v. The State of Maharashtra and others (W.P.No.2270 of 2021, dated 28.04.2023) by taking into account the Official Memorandums, dated 17.02.2020 and 03.03.2003 and also considering the ratio laid down by the Hon’ble Apex Court in various judgments, directed the petitioners therein shall be governed by old pension scheme in vogue prior to 01.11.2005. Further, in similar circumstances, this Court also disposed of Writ Petitions in W.P.No.15644 of 2023, dated 19.03.2025. 11. Heard Sri V.Raja Shekar Reddy, learned counsel for the petitioner, Sri S.Suman, learned Government Pleader for respondent No.1, Smt. M.Shalini, leaned Government Pleader for Services-II appearing for respondent No.2. 12. From the perusal of aforementioned Notifications, it is clear that the same were issued much prior to 31.08.2004. It is stated that the combined State of Andhra Pradesh and the State of Telangana vide G.O.Ms.No.653, Finance (Pension-I) Department, dated 22.09.2004 decided to adopt the Government of India’s New Pension Scheme based on Defined Contributions for the employees of State who are newly recruited on or after 01.09.2004. 13. It is stated that the combined State of Andhra Pradesh and the State of Telangana vide G.O.Ms.No.653, Finance (Pension-I) Department, dated 22.09.2004 decided to adopt the Government of India’s New Pension Scheme based on Defined Contributions for the employees of State who are newly recruited on or after 01.09.2004. 13. Taking into consideration the various representations and decisions of the Courts and after careful analysis, the Government of India issued clarification that old pension scheme has to be applied in case of candidates whose selection process was held prior to 01.01.2004, but their appointments were got delayed due to administrative reasons. Accordingly, an Official Memorandum was issued by the Government of India, Department of Pension vide No.57/04/2019-P& PW(B), dated 17.02.2020 and Office Memorandum No.57/05/2021-P&PW(B), dated 03.03.2023 requesting to extend the said benefit of pension as the appointments were made against the posts/ vacancies advertised/notified for recruitment prior to notification of NPS and basing on which, Additional Secretary to Government of India has also issued further clarification by way of Official Memorandum under Reference No.57/05/2021-P&PW(B), dated 03.03.2023, which reads as follows: “No. 57/05/2021-P&PW(B) Government of India Ministry of Personnel, Public Grievances and Pensions Department of Pension and Pensioners Welfare Lok Nayak Bhawan, Khan Market, New Delhi, the 03rd March, 2023 OFFICE MEMORANDUM Subject: Coverage under Central Civil Services (Pension) Rules, in place of National Pension System, of those Central Government employees who were recruited against the posts/vacancies advertised /notified for recruitment, on or before 22.12.2003. The undersigned is directed to say that consequent on introduction of National Pension System (NPS) vide Ministry of Finance (Department of Economic Affairs) Notification No. 5/7/2003-ECB & PR dated 22.12.2003, all Government servants appointed on or after 01.01.2004 to the posts in the Central Government service (except armed forces) are mandatorily covered under the said scheme. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended vide Notification dated 30.12.2003 and, after the said amendment, those rules are not applicable to the Government servants appointed to Government service after 31.12.2003. 2. The Central Civil Services (Pension) Rules, 1972 and other connected rules were also amended vide Notification dated 30.12.2003 and, after the said amendment, those rules are not applicable to the Government servants appointed to Government service after 31.12.2003. 2. Subsequently, Department of Pension and Pensioners' Welfare in consultation with the Department of Personnel & Training, Department of Expenditure and Department of Legal Affairs in the light of the various representations/references and decisions of Hon'ble Courts, issued instructions vide OM No. 57/04/2019-P&PW(B) dated 17.02.2020 giving one time option to Central Government employees who were declared successful for recruitment in the results declared on or before 31.12.2003 against vacancies which occurred before 01.01.2004 and were covered under the National Pension System on joining service on after 01.01.2004, to be covered under the CCS(Pension) Rules, 1972 (now 2021). There was fixed time schedule for different activities under the aforesaid OM dated 17.02.2020. 3. Representations have been received in this Department from the Government servants appointed on or after 01.01.2004 requesting for extending the benefit of the pension scheme under Central Civil Services (Pension) Rules, 1972 (now 2021) on the ground that their appointment was made against the posts/vacancies advertised/notified for recruitment prior to notification for National Pension System, referring to court judgments of various Hon'ble High Courts and Hon'ble Central Administrative Tribunals allowing such benefits to applicants. 4. The matter has been examined in consultation with the Department of Financial Services, Department of Personnel & Training, Department of Expenditure and Department of Legal Affairs in the light of the various representations/references and decisions of the Courts in this regard. It has now been decided that, in all cases where the Central Government civil employee has been appointed against a post or vacancy which was advertised/notified for recruitment/appointment, prior to the date of notification for National Pension System i.e. 22.12.2003 and is covered under the National Pension System on joining service on or after 01.01.2004, may be given a one-time option to be covered under the CCS(Pension) Rules, 1972 (now 2021). This option may be exercised by the concerned Government servantslatest by 31.08.2023. 5. Those Government servants who are eligible to exercise option in accordance with para-4 above, but who do not exercise this option by the stipulated date, shall continue to be covered by the National Pension System. 6. The option once exercised shall be final. 7. This option may be exercised by the concerned Government servantslatest by 31.08.2023. 5. Those Government servants who are eligible to exercise option in accordance with para-4 above, but who do not exercise this option by the stipulated date, shall continue to be covered by the National Pension System. 6. The option once exercised shall be final. 7. The matter regarding coverage under the CCS (Pension) Rules, 1972 (now 2021), based on the option exercised by the Government servant, shall be placed before the Appointing Authority of the posts for which such option is being exercised for consideration, in accordance with these instructions. In case the Government servant fulfills the conditions for coverage under the CCS (Pension) Rules, 1972 (now 2021), in accordance with these instructions, necessary order in this regard shall be issued latest by 31 st October, 2023. The NPS account of such Government servants shall, consequently, be closed w.e.f. 31 st December, 2023. 8. The Government servants who exercise option to switch over to the pension scheme under CCS (Pension) Rules, 1972 (now 2021), shall be required to subscribe to the General Provident Fund (GPF). Regarding accountal of the corpus in the NPS account of the Government servant, Controller General of Accounts (CGA) has furnished the following clarification vide letter No. 1(7)(2)/2010/cla./TA III/390 dated 14.11.2019 & I.D. Note No. TA-3-6/3/2020-TA-III/cs-4308/450 dated 23.12.2022: i) Adjustment of Employees' contribution in Accounts: Amount may be credited to individual's GPF account and the account may be recasted permitting up-to-date interest (Authority-FR-16 &Rule 11 of GPF Rules). ii) Adjustment of Government contribution under NPS in Accounts: To be accounted for as (-) Dr. to object head 70 - Deduct Recoveries under Major Head2071 - Pension and other Retirement benefit - Minor Head 911- Deduct Recoveries of over payment (GAR 35 and para 3.10 of List of Major and Minor Heads of Accounts). iii) Adjustment of increased value of subscription on account of appreciation of investments - May be accounted for by crediting the amount to Govt. account under M.H. 0071- Contribution towards Pension and Other Retirements Benefits 800- Other Receipts (Note under the above Head in LMMHA). 9. All Ministries/Departments are requested to give wide publicity to these orders without fail. iii) Adjustment of increased value of subscription on account of appreciation of investments - May be accounted for by crediting the amount to Govt. account under M.H. 0071- Contribution towards Pension and Other Retirements Benefits 800- Other Receipts (Note under the above Head in LMMHA). 9. All Ministries/Departments are requested to give wide publicity to these orders without fail. The cases of those Government servants who fulfill the conditions mentioned in this O.M. and who exercise option to switch over to the pension scheme under CCS (Pension) Rules, 1972 (now 2021) may be settled by the administrative Ministries/Departments in accordance with these orders. 10. This issues in consultation with Ministry of Finance, Department of Expenditure vide ID Note No. 1(7)/EV/2019 dated 05.12.2022 & 07.02.2023 and in consultation with Controller General of Accounts vide their I.D. Note No. TA-3-6/3/2020- T? -III/cs-4308/450 dated 23.12.2022. 11. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with Comptroller and Auditor General of India, as mandated under Article 148(5) of the Constitution of India.” 14. The effective date applicable to the case of the petitioner would be with effect from 01.09.2004 as the State Government adopted the same with effect from 01.09.2004 and the petitioner was also appointed based on the vacancies arisen prior to 31.08.2004 and notification was issued prior to 01.09.2004 i.e., on 11.08.2003 in the case of the petitioner. 15. The Division Bench of High Court of Bombay in Khilari Rajendra Eknath’s case (supra), taking into account of the Office Memorandum, dated 17.02.2020 and 03.03.2023 and also considering the ratio laid down by the Hon’ble Apex Court in various judgments directed that the petitioners shall be governed by Old Pension Scheme. Further, it is also pertinent to mention that in similar circumstances, the Division Bench of this Court also disposed of W.P.No.15644 of 2023 and batch, dated 19.03.2025, which is squarely applicable to the case of the petitioner. 16. During the course of arguments, learned counsel for petitioner and learned Government Pleaders for the respondents admitted that the issue involved in this Writ Petition squarely covered by the order passed by this Court in W.P.No.22559 of 2023 and batch, dated 19.03.2025, wherein this Hon’ble Court was pleased to dispose of the said writ petitions by giving specific direction to the respondents therein. 17. 17. Taking in to consideration of the facts and circumstances of the case and following the said common order, this Writ Petition is also disposed of on similar lines directing the respondents to implement Official Memorandum issued by the Government of India, Department of Pension vide No.57/04/ 2019-P&PW(B), dated 17.02.2020 and Official Memorandum under Reference No.57/05/2021-P&PW(B), dated 03.03.2023, in respect of the petitioner and also considering the fact that there is no information submitted by either of the respondents in respect of opportunity being given to the petitioner to exercise his option, we feel it desirable and appropriate that the respondents shall seek options as a onetime measure from the petitioner, who is covered under the present writ petition and any other employees who are recruited and whose selection process was commenced prior to 01.09.2004 as against the vacancies which had arisen much prior to 31.08.2004 and appointment was subsequent to 01.09.2024. Consequently respondents shall take further steps accordingly and make applicability of the relevant pension rules to the petitioner as opted by him, which are applicable to him as per the Judgment of the High Court of Bombay in Khilari Rajendra Eknath’s case (supra) and also in pursuance of the directions of this Hon’ble Court in W.P.Nos.22559 of 2023 and batch dated 19.03.2025. The entire exercise shall be completed by the respondents within a period of three (3) months from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.