’ % ' 'rx /•■ v /■t <>. VS 1 t¥^ APHC010186272023 fA ' ) IN THE HIGH COURT OF ANDHRA PRADESH '■ AT AMARAVATI (Special Original Jurisdiction) -' VV . ,‘p ll ;.,qs:Vr5^/f \ X HjfiH \ .-V" /. WEDNESDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9542 OF 2023 Between: Mattaparthy Veera Swamy, S/o. Subba Rao, aged 61 years, Occ. Leading Fireman (ID. No. 1018254), Fire Station, Dr. Narla Tatarao Thermal Power Station, (NTTPS), APGENCO, lbrahimpatnam-521456, NTR District ...Petitioner AND 1. The State of Andhra Pradesh, through its Principal Secretary, General Administration Department, A.P. Secretariat, Velagapudi (V), Amaravathi, Guntur District. 2. The Principal Secretary to the State of Andhra Pradesh, Energy Department, A.P. Secretariat, Velagapudi (V), Amaravathi, Guntur District. 3. The Principal Secretary to State of Andhra Pradesh, Finance Department, A.P. Secretariat, Velagapudi (V), Amaravathi, Guntur District. 4. The Andhra Pradesh Generation Corporation Ltd, APGENCO), Rep by its Chairman AND Managing Director, Vidyuth Soudha, Gunadala, Vijayawada-520 005. 5. The Director HR, APGENCO, Vidyut Soudha Gunadala, Vijayawada- 520 005, Andhra Pradesh. 6. Dr Narla Tattarao Thermal Power Station NTTPS, Rep. by its Chief Engineer (O & M), lbrahimpatnam-521 456. 7. The Divisional Fire Officer (0& M), Dr. Narla Tattarao Thermal Power Station (NTTPS), lbrahimpatnam-521 456. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamusr- I. declaring the action of the respondents in not extending the age of superannuation from 60 to 62 years to the employees working in the 6th respondent. II. declaring the action of the respondent Nos. 4 to 6 in not sending the proposals to the respondent Nos.1 to 3, seeking for enhancement of age of superannuation from 60 to 62 years to the employees working with the 6th respondent, amending the Regulation 16 (a) (1) and (2) of the APSEB Service Regulations Part-I. III. declaring the action of the 6th respondent in retiring the petitioner from the service on reaching the age of 60 years, without continuing in service till the petitioner complete age of 62 years, vide A.P. Ordinance No. 01/2022 as illegal, arbitrary and discriminative, violative of Article 14, 16 and 21 of the Constitution of India, directing the respondent Nos. 4 to 6 to send the proposals to the respondent Nos. 1 to 3 to enhance the age of superannuation from 60 to 62 years by extending the benefits of age of superannuation from 60 to 62 years without reference to the fact that the petitioner received the benefits of superannuation and to set-aside the retirement of the petitioner, vide Memo No. DFO/Dr. NTTPS/Fire IV. Service/IBPM/D.No.35/2022 Dt. 28.02. 2022, re-inducting in service till completes 62 years age lA NO: 1 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of Memo No.DFO/Dr. NTTPS/Fire Service/IBPM/ D.No.35/2022, Dt. 28.02.2022 of the Respondent working under the Administrative Control of the 6*^ Respondent, besides directing to continue the petitioner in service till he complete the age of 62 years, pending disposal of the above Writ Petition lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to respondent to consider the petitioner's representation Dt. 19.03.2022 to send his proposals to the respondent Nos. 1 to 3 to enhance the age of superannuation from 60 to 62 years and to act on such proposals, pending the disposal of the above Writ Petition th direct the 6 Counsel for the Petitioner: SRI KARUMANCHI INDRANEEL BABU Counsel for the Respondents: GP FOR SERVICES I Counsel for the Respondent No.6: NAGARAJU NAGURU, Standing Counsel For APGENCO Counsel for the Respondent No.4: SRI M. VIDYASAGAR, (STANDING COUNSEL FOR APGENCO) The Court made the following order: APHC010186272023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 9542/2023 [3460] Between: 1.MATTAPARTHY VEERA SWAMY, S/0. SUBBA RAO, AGED 61 YEARS. OCC. LEADING FIREMAN (ID. NO.1018254), FIRE STATION, DR. NARLA TATARAO THERMAL POWER STATION, (NTTPS), APGENCO, IBRAHIMPATNAM-521456, NTR DISTRICT ...PETITIONER AND 1.THE STATE OF AP, THROUGH ITS PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT. VELAGAPUDI (V), AMARAVATHI, GUNTUR DISTRICT. 2.THE PRINCIPAL SECRETARY TO THE STATE OF ANDHRA PRADESH, ENERGY DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI (V), AMARAVATHI, GUNTUR DISTRICT. 3.THE PRINCIPAL SECRETARY TO STATE OF ANDHRA PRADESH, FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI (V), AMARAVATHI, GUNTUR DISTRICT. 4.THE ANDHRA PRADESH GENERATION CORPORATION LTD, APGENCO), REP BY ITS CHAIRMAN AND MANAGING DIRECTOR, VIDYUTH SOUDHA, GUNADALA, VIJAYAWADA- 520 005. 5.THE DIRECTOR HR GUNADALA, VIJAYAWADA-520 005, ANDHRA PRADESH. 6. DR NARLA TATTARAO THERMAL POWER STATION NTTPS, , REP. BY ITS CHIEF ENGINEER (0 AND M), IBRAHIMPATNAM- 521 456. 7.THE DIVISIONAL FIRE OFFICER OANDM, DR. NARLA TATTARAO THERMAL POWER IBRAHIMPATNAM-521 456. . APGENCO, VIDYUT SOUDHA STATION (NTTPS), ...RESPONDENT(S): praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus, that this Hon'ble Court may be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus - declaring the action of the respondents in not extending the age of superannuation from 60 to 62 years to the employees working in the 6th respondent, declaring the action of the respondent Nos. 4 to 6 in not sending the proposals to the respondent Nos. 1 to 3, seeking for enhancement of age of superannuation from 60 to 62 years to the employees working with the 6th respondent, amending the Regulation 16 (a) (1) and (2) of the APSEB Service Regulations Part-I. declaring the action of the 6th respondent in retiring the petitioner from the service on reaching the age of 60 years, without continuing in service till the petitioner complete age of 62 years, vide A.P. Ordinance No. 01/2022, as illegal, arbitrary and discriminative, violative of Article 14, 16 and 21 of the Constitution of India, directing the respondent Nos. 4 to 6 to send the proposals to the respondent Nos. 1 to 3 to enhance the age of superannuation from 60 to 62 years by extending the benefits of age of superannuation from 60 to 62 years without reference to the fact that the petitioner received the benefits of superannuation and to set-aside the retirement of the petitioner, vide Memo No. Petition under Article 226 of the Constitution of India 3 DFO/Dr. NTTPS/Fire Service/IBPM/D.No.35/2022, Dt. 28.02. 2022, re-inducting in service till completes 62 years age and pass lA NO: 1 OF 2023 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased pleased to suspend the operation of Memo No.DFO/Dr. NTTPS/Fire Service/IBPM/ D.No.35/2022, Dt. 28.02.2022 of the 7th Respondent working under the Administrative Control of the 6th Respondent, besides directing to continue the petitioner in service till he complete the age of 62 years, pending disposal of the above Writ Petition, and pass such praying that in the lA NO: 2 OF 2023 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased pleased to direct the 6" respondent to consider the petitioner's representation Dt.19.03.2022 to send his proposals to the respondent Nos. 1 to 3 to enhance the age of superannuation from 60 to 62 years and to act on such proposals, pending the disposal of the above Writ Petition, and pass such Counsel for the Petitioner: 1.KARUMANCHI INDRANEEL BABU Counsel for the Respondent(S): I.Nagaraju Naguru,Standing Counsel For APGENCO 2.M. VIDYASAGAR, ( STANDING COUNSEL FOR APGENCO ) 3.GP FOR SERVICES I The Court made the following: THE HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.9542 of 2023 ORDER: This writ petition is filed questioning the action of the 6th Respondent in retiring the Petitioner from service on reaching the age of 60 years without enhancing the retirement age as 62 years A.P.Ordinance No.01/2022, apart from other consequential reliefs, as illegal and arbitrary. 2. Learned counsel for the Petitioner submits that this Court by order dated 18.04.2023 passed interim directions to continue the Petitioner till the age of superannuation of 62 years, counsel for the Respondent-Corporation would submit that W.A.No.516 of 2023 filed questioning the interim order dated 18.04.2023 was allowed by this Court by order dated vide 3. Learned 03.08.2023. This Court is of the opinion that the Petitioner was aged 61 years at the time of filing of the writ petition and has crossed the age of 62 years as on date. In that view, no cause survives writ petition is closed. No order as to costs. 4. for consideration and the 5. 2 As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- U.SRi DEV! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, One CC to SRI KARUMANCHI INDRANEEL BABU One CC to SRI NAGARAJU NAGURU APGENCO Advocate [OPUC] One CC to SRI M. VIDYASAGAR, APGENCO) Advocate [OPUC] 4. Two CCS to GP FOR SERVICES I High Court of Andhra 5. Two CD Copies 1. Advocate [OPUC] Standing Counsel For 2. 3. (STANDING COUNSEL FOR Pradesh [OUT] GSG % HIGH COURT DATED: 23/07/2025 ORDER WP NO. 9542 OF 2023 I 2 3 SEP 2025 ^ . Current Section ov m CLOSING THE WP WITHOUT COSTS