APHC010163532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 8904/2025 Between: P Pattabhi Ramana ...PETITIONER AND The State of AP and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G SIMHADRI Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II 2 HCGR, J W.P.No.8904 of 2025 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue a writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.5 in issuing proceedings in vide Memo No. EE/GE Divn/RCPM/AB/EC.2/SW/NMR/22, dated 01-03-2025 for retirement on my Superannuation is 31-03-2025 AN is being illegal, arbitrary and violation of Article 14, 21 and 309 of the Constitution of India and consequently direct the Respondents to continue the petitioner in service till he attains the age of 62 years, by considering the representation dated 26-03-2025 in accordance with Writ Appeal Order W.A.No.1076/2023 dated 21-02-2024 and pass such other order or orders…” 2. The petitioner, who is working as Helper on NMR basis, has been superannuated on attaining age of sixty years. However, he submitted representation dated 26.03.2025, to consider him to work till he attains age of sixty two years. 3. Heard Sri G.Simhadri, learned counsel for the petitioner, learned Assistant Government Pleader for Services-II appearing on behalf of respondent Nos.1, 3 to 5 and learned Assistant Government Pleader for Services-I appearing on behalf respondent No.2. 4. Learned counsel for the petitioner by placing reliance on the orders passed by the Division Bench of this Court in W.A.No.1076 of 2023 dated 21.02.2024, prays to pass similar order. Wherein, the Division Bench has granted liberty to respondents therein to re- 3 HCGR, J W.P.No.8904 of 2025 engage or continue the employee, if they so desire, beyond the age of sixty years. However, the issuance of mandamus to the respondents, directing them to continue the petitioner in service, was refused. 5. Learned Assistant Government Pleader for respondents submits that petitioner’s case will be considered in terms of aforesaid order dated 21.02.2024 passed in W.A.No.1076 of 2023. 6. In view of the aforesaid submissions, the Writ Petition is disposed of, in terms of orders passed in W.A.No.1076 of 2023, dated 21.02.2024, granting liberty to respondents to re-engage or continue the petitioner, if they so desire, as the case may be, beyond the age of sixty years, subject to conditions stipulated in G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022. However, this order shall not be construed as creating a right in favour of petitioner to demand protection in the nature of mandamus to continue him in service. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ______________________________________ JUSTICE CHALLA GUNARANJAN Date: 10.04.2025 KBN