Extracted from the PDF above. The PDF is authoritative.
APHC010206042023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 10754/2023 Between:
1. A DAMODARA RAO, S/O A NARASIMHA MURTHY HINDU, MALE, AGE 59 YEARS 11 MONTHS, OCC-AM (GEN) FAC, 0/O DCSMO, SRIKAKULAM, R/O D.NO. 12-1-72, MAMDALA STREET, SRIKAKULAM. ...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S SPECIAL CHIEF SECRETARY,
CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, , REP. BY IT'S SPECIAL CHIEF SECRETARY, FINANCE DEPARTMENT (HR.IV-FR86LR), SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF CIVIL SUPPLIES, CIVIL SUPPLIES DEPARTMENT, VIJAYAWADA, NTR DISTRICT. 4. THE ANDHRA PRADESH STATE CIVIL SUPPLIES CORPORATION LTD, REP. BY ITS VICE-CHAIRMAN AND MANAGING DIRECTOR, CIVIL SUPPLIES DEPARTMENT, AP SCSCLTD., OFFICE. 10-152/1, ASHOK NAGAR, BANDAR ROAD, VIJAYAWADA, KRISHNA DISTRICT. ...RESPONDENT(S):
The Court made the following ORDER:
1. The present writ petition is filed seeking to declare the action of the respondents in issuing the impugned Circular Memo dated 23.09.2022 and the consequential retirement proceedings dated 26.12.2022, whereby the petitioner was retired from service on 30.04.2023 on the ground of attaining the age of superannuation of 60 years, as illegal, arbitrary, and contrary to law. 2. When the matter is taken up for hearing, none appears on behalf of the petitioner. Heard the learned Government Pleader appearing for the respondents. 3. As this Court has already considered an identical issue relating to the very same Corporation in W.P.No.14141 of 2022 and batch of cases. In the said batch of writ petitions, this Court examined the claim of the petitioners seeking continuation in service up to 62 years based on the Board Resolution dated 28.03.2022. After considering the relevant facts and the applicable service regulations, this Court held in the said cases that in the absence of any amendment to the Service Regulations, the claim of the employees for enforcement of the alleged right said to have accrued in their favour pursuant to the Board Resolution dated 28.03.2022, would not on merit consideration. 4. In view of the above observations and findings recorded by this Court in W.P.No.14141 of 2022 and batch, and considering that the issue
involved in the present writ petition is identical, this Court is of the view that the petitioner is not entitled to the relief sought for.
Accordingly, following the earlier judgment of this Court and in view of the absence of any amendment to the relevant Service Regulations, this Court finds no merit in the present writ petition. Therefore, the writ petition is dismissed for lacks of merit. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D RAMESH 06.04.2026
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59 THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO:10754/2023
06.04.2026 klk