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High Court of Andhra Pradesh · body

2025 DAILYLAW 15592 (AP)

N ASHOK KUMAR v. THE STATE OF ANDHRA PRADESH

WP/10257/2025 · 2025-04-22

Challa Gunaranjan

body2025

Judgment text

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1 \ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10257 OF 2025 Between: N Ashok Kumar, S/o. N.Dharma Rao, Aged 59 years, Occ: Contract Lecturer C/o. V.Vijaya Lakshmi, 628, A.P.S.W.R. School/Jr. College, Main Road Nakkapalle, Z.P.H.S. Opposite, Nakkapalle Post, Anakapalli District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretai-y, Department of Higher Education, Secretariat buildings, Velagapudi, Amaravathi, Guntur- 522237. 2. The Director, Commissionerate of Collegiate Education, Ground and Second Floors, Garudadri KK Towers, Sri Lakshmi Narasimha Colony, Mangalagiri - 522503 Guntur Dt., Andhra Pradesh. 3. The Regional Joint Director, Collegiate Education, Rajamahendravaram, East Godavari District. 4. The Principal, Government Degree College, Sabbavaram, Anakapalli District, AP. 5. College Planning and Development Council of Government Degree College, Sabbavaram, Rep. by its President and Principal, Government Degree College, Sabbavaram, Anakapalli District.A.P. ...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 , 6%\pleased to issue a writ or direction, more particularly, a writ of Mandamus to (a) To direct the respondents to continue the services of the petitioner as a Contract Lecturer in Political Science in the 4th respondent Government College by re engaging him from the age of 60 up to 62 years, in light of G.O.Ms.No.15, dated 31.01.2022, whereby the age of retirement of regular Government Lecturers has been enhanced from 60 to 62 years and also in view of the judgment of this Hon’ble Court in W.A. No.770 of 2022, dated 13.02.2024, wherein the Hon’ble Division Bench directed the re-engagement of a similarly situated employees beyond 60 years (b) And consequently, to declare the action of the respondents in proposing to discontinue/dis-engage the petitioner as a Contract Lecturer in Political Science with effect from 30.04.2025, solely on the ground that he would be attaining the age of 60 years, while continuing regular Government Lecturers up to the age of 62 years, as illegal, arbitrary, and violative of Articles 14 and 21 of the Constitution of India. lA NO: 1 OF 2025 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 direct the 2nd Respondent to consider my Representation dated 20.02.2025 and to pass necessary orders re-engaging my services as Lecturer in political science beyond the age of 60 years by following the Judgment of this Hon’ble Court in WA.No.770/2022 dated 13.2.2024, in the interest of justice, pending disposal of the above writ petition. Counsel for the Petitioner: SRI. BHARAT BABU.N Counsel for the Respondent No. 1 to 4: GP FOR SERVICES II The Court made the following order: ^4 APHC010200662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B:*0 [3506] TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 10257/2025 Between: ...PETITIONER N Ashok Kumar AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner; 1. BHARAT BABU.N Counsel for the Respondent(S): 1.GP FOR SERVICES II 2 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 or direction more particularly a writ of Mandamus to a) To direct the respondents to continue the services of the petitioner as a Contract Lecturer in Political Science in the 4th respondent Government College by re engaging him from the age of 60 up to 62 years in light of G.O.Ms.No.15 dated 31.01.2022 whereby the age of retirement of regular Government Lecturers has been enhanced from 60 to 62 years; and also in view of the judgment of this Hon’ble Court in W.A.No.770 of 2022 dated 13.02.2024 wherein the Hon’ble Division Bench directed the reengagement of a similarly situated employees beyond 60 years; b) And consequently to declare the action of the respondents in proposing to discontinue/disengage the petitioner as a Contract Lecturer in Political Science with effect from 30.04.2025 solely on the ground that he would be attaining the age of 60 years while continuing regular Government Lecturers up to the age of 62 years as illegal arbitrary and violative of Articles 14 and 21 of the Constitution of India and to and pass such other order or orders....” Heard Sri N.Bharat Babu, learned counsel for the petitioner and learned 2. Government Pleader for Services-ll for respondents. Petitioner working as contract lecturer at respondent No.5 said to be superannuated by attaining the age of 60 years. He seeks to claim benefit of 3. G.O.Ms.No.15 Finance (HR.IV-FR&LR) Department dated 31.01.2022 by which the age of superannuation for Government employees have been / extended from 60 years to 62 years. Learned counsel for the petitioner would rely upon the order passed in 4. W.A.No.770 of 2022 and submit that the petitioner be extended the same 3 f relief as granted therein, wherein the Division Bench of this Court has granted liberty to the appellants/employer therein to re-engage the services of the contract employees if they so desire. Petitioner also stated to have been submitted representation dated 20.02.2025 for considering the extension of which of superannuation from 60 to 62 years. Learned Assistant Government Pleader for Services-ll for the respondents did not dispute the factum of orders passed in W.A.No.770 of 2022 in relation to re-engagement of contractual employees in case the 5. employer finds the need and necessity. In view of the aforesaid submissions, the writ petition is disposed in terms of the orders passed in W.A.No.770 of 2022. The respondents are at liberty to re-engage the services of petitioner, if they so desire, even beyond the age of 60 years subject to the conditions stipulated in G.O.Ms.No.15 dated 31.01.2022 by considering the petitioner’s representation dated 20.02.2025. 6. Accordingly, the Writ Petition stands disposed of. There shall be no 7. order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Higher Education, State of Andhra Pradesh, Secretariat buildings, Velagapudi, Amaravathi, Guntur- 522237. 2. The Director, Commissionerate of Collegiate Education, Ground and Second Floors, Garudadri KK Towers, Sri Lakshmi Narasimha Colony, Mangalagiri - 522503 Guntur Dt., Andhra Pradesh. %% 3. The Regional Joint Director, Collegiate Education Rajamahendravaram, East Godavari District. 4. The Principal, Government Degree College, Sabbavaram, Anakapalli District, AP. College Planning and Development Council of Government Degree College, Sabbavaram, Rep. by its President and Principal, Government Degree College, Sabbavaram, Anakapalli District.A.P. 5. 6. One CC to Sri. Bharat Babu.N Advocate [OPUC] 7. Two CCs to GP for Services II, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC HIGH COURT DATED:22/04/2025 ORDER WP.No.10257 of 2025 * 25 APR 2025 Current Section ^ JS DISPOSING THE WP WITHOUT COSTS