ORDER
L. Narasimha Reddy, J.
1. The petitioner in WP.No.23781/97 joined as Senior Lecturer on 1-9-1972 and the petitioner in WP.No.20432/99 joined as Lecturer on 2-8-1971 in the Institution known as Islamia Arabic and Tibbi College, Kurnool. The Institution was imparting Oriental as well as Unani Medical Education. It was affiliated to Madras University before formation of the State of Andhra Pradesh. Thereafter, it was affiliated to the Sri Venkateshwara University. At present, it is affiliated to NTR University of Health Sciences.
2. Up to the year 1977, it was under the control of Director of Higher Education and thereafter it came under the control of Director of Indian Medicine and Homeopathy, Andhra Pradesh, Hyderabad. The Institution together with the staff members was admitted into Grant-in-Aid through G.O.Ms.No.506 M & H (2) dated 16-6-1984. The Institution was renamed as Dr. Abdul Haq Unani and Medical College and Hospital, Kurnool, in the year 1985 and the same was recognised by the Government in G.O.Ms.No.542 M & H dated 25-9-1985.
3. Both the petitioners were paid the salaries by the Government while they were in service. They retired in 1993 and 1997 respectively. They were not extended any pensionary benefits. Hence they have filed these writ petitions, seeking a direction to the respondents to pay them the pension. It is the contention of the petitioners that inasmuch as the college was admitted to Grant-in-Aid and since the A.P. Revised Pension Rules 1980, were extended to the Aided Oriental, Degree and Medical Colleges, they are entitled for pension.
4. The Government filed counter affidavit in WP.No.27381/97 on 10-2-1998. The reason stated for not extending the pension is that the same was not extended to the institutions under the control of Indian Medicine and Homeopathy Department. Rest of the facts pleaded by the petitioners have been admitted.
5. An additional counter affidavit was filed on 9-2-2000 stating that the Unani Medical College in which the petitioners worked cannot be treated as a Degree College and, as such, the Rules framed under G.O.Ms.No.2 Education dated 5-1-1994 extending the A.P. Revised Pension Rules 1980 to the Aided Degree, Oriental and Medical Colleges do not apply to the college in question.
6. Heard the learned counsel for the petitioners as well as the learned Standing Counsel for the Institution.
7. The petitioners have served the Institution before and after it came to be admitted into Grant-in-Aid. The contention of the petitioners that they were paid the salaries by the Government while they were in service is admitted. The justifications pleaded by the respondents for not paying the pension to the petitioners are that the institution in question cannot be treated as Degree College and that the institution was under the control of Indian Medicine and Homeopathy Department.
8. So far as the 1st ground is concerned, a reference to the definition of College in the A.P. Education Act would be helpful:
” ‘College’ means a college including a medical college established or maintained and administered by or affiliated to or associated with or recognised by, any University in the State and includes a Junior College recognised by or affiliated to the Andhra Pradesh Board of Intermediate Education.”
9. The definition referred to above take in its fold not only the Degree Colleges in their common parlance, but also those colleges imparting professional courses, including the Medical Education. Once that is so, the institution in which the petitioners worked cannot be said to be outside the purview of G.O.Ms.No.2 dated 5-1-1994. Even the Rules providing for admission of Educational Institutions into Grant-in-Aid are in the same terms, i.e., Degree, Oriental or Junior Colleges and they do not specifically refer to Medical or Unani Medical Colleges, as the case may be. If it was permissible under such Regulations and Rules to admit the Institution into Grant-in-Aid, there is absolutely no reason why the same approach need not be adopted for extension of the benefit of the Pension Scheme to the petitioners.
10. The 2nd ground, on the basis of which the pension was denied to the petitioners, is equally untenable. The fact that the institution is under the control of Director of Indian Medicine and Homeopathy has absolutely no bearing on the question as to whether the employees working therein are eligible to be paid the pensionary benefits. A reading of G.O.Ms.No.2 dated 5-1-1994 also does not indicate that the employees who retired from the institutions, which are under the control of the Director of Indian Medicine and Homeopathy, are not eligible for the benefits of pension.
11. From the above discussion, it is clear that the denial of pension/pensionary benefits to the petitioners was without any basis. The respondents did not deny the allegation that the employees in Nizamia Tibbi College, which is the second college of Unani Medicine functioning in the State, was extended the benefit of Revised Pension Rules.
12. Accordingly, the writ petitions are allowed and the respondents are directed to pay the pensions/pensionary benefits to the petitioners in accordance with the A.P. Revised Pensions Rules, 1980. Such benefits together with arrears shall be extended to the petitioners within a period of three months from the date of receipt of a copy of this order. No costs.