APHC010201502017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) X ill FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NOr 30651 OF 2017 Between: Daggumalli Bharathi, W/o. Veeraiah. Age : 58 years, Occ: Sweeper, Bapatia Engineering College, Bapatia, Guntur District, R/o. 17-1-29/1, 30*^ Ward, D.M. Palle, Bapatia, Guntur District, A.P. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat Buildings Hyderabad. 2. The Commissioner, State Board of Technical Education and Training, 6 Floor, BRK Bhavan, Tank Bund Road, Hyderabad. 3. All India Council for Technical Education, (A Statutory Body of Government of India) Indira Gandhi Sports Complex, IP Estate, New Delhi - 2. 4. Bapatia Educational Society, Mahatmagipuram, Bapatia - 522 102, Guntur District, Andhra Pradesh. Rep. by its Secretary. 5. Bapatia Engineering College, Mahatmagipuram, Bapatia - 522 102, Guntur District, Andhra Pradesh. Rep. by its Principal. Secretariat, Saifabad th ...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 an appropriate Writ, Order or Direction more particularly one 4 in the nature of Writ of Mandamus, i. declaring the action of the respondents in retiring the petitioner on attaining 58 years of age, though the age of superannuation fixed under AlCTE Regulations as 65 years, and 60 years per amended Section 78-A of the AP. Education Act, 1982 as illegal, ’■ irregular, arbitrary, discrimination as un-constitutional and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India; and ii. consequently direct the Respondents to continue the petitioner in service as Sweeper in the 5th Respondent's Institution till she attain the age of superannuation i.e. 65 years of age if AlCTE Rules are applied; or upto 60 years as per Section 78-A of the AP. Education Act, 1982 in case if the petitioner is treated as non-teaching staff. lA NO: 2 OF 2017rWPMP 38193 OF 2017 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 respondents 4 and 5 to permit the petitioner into service as Sweeper in 5th respondent's College until the age of 65 years in view of AlCTE Regulations, 2010 or 60 years as per the amended Section 78-A of the A.P. Education Act, 1982, pending disposal of the Writ Petition. lA NO: 1 OF 2017rWVMP 5122 OF 2017 Between: 1. Bapatia Educational Society, Mahatmagipuram, Bapatia - 522 102, Guntur District, Andhra Pradesh. Rep. by its Secretary. 2. Bapatia Engineering College, Mahatmagipuram, Bapatia - 522 102, Guntur District, Andhra Pradesh. Rep. by its Principal. ...Petitioners/Respondents 4 & 5 AND 1. D. Bharathi, W/o. Veeraiah. Age : 58 years, Occ; Sweeper, Bapatia Engineering College, Bapatia, Guntur District, R/o. 17-1-29/1, 30‘^ Ward, D.M. Palle, Bapatia, Guntur District, A.P. ...Respondent/Writ Petitioner 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Higher Education Department, Secretariat Buildings, Secretariat, Saifabad, Hyderabad. 3. The Commissioner, State Board of Technical Education and Training, 6 Floor, BRK Bhavan, Tank Bund Road, Hyderabad. 4. All India Council for Technical Education, (A Statutory Body of Government of India) Indira Gandhi Sports Complex, IP Estate, New Delhi - 2. ...Respondents/Respondents 1 to 3 th Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to vacate the interim order dated 12-9-2017 made in W.P.No. 30651 of 2017. Counsel for the Petitioner: SRI KRISHNA KISHORE KOWURI Counsel for the Respondent Nos.1 & 2 :GP FOR HIGHER EDUCATI Counsel for the Respondent No.3 : SRI K. RAMAKANTH REDDY Counsel for the Respondent Nos.4 & 5 : SRI GHANTA SRIDHAR The Court made the following order: /^PHC010201502017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) fm ski?. [3504] FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT the honourable SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 30651/2017 Between: 1.D BHARATHI, GUNTUR DIST, W/0. VEERAIAH. AGE ; 58 YEARS, OCC: SWEEPER, BAPATLA ENGINEERING COLLEGE, BAPATLA, GUNTUR DISTRICT, R/0. 17-1-29/1, 30TH WARD, D.M. BAPATLA, GUNTUR DISTRICT, A.P.. PALLE, ...PETITIONER AND 1.THE STATE OF AP HYDERABAD 4 OTHERS, REP. BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, SECRETARIAT, HYDERABAD. SAIFABAD, 2.THE COMMISSIONER, STATE BOARD OF TECHNICAL EDUCATION AND TRAINING, 6TH FLOOR, BRK BHAVAN, TANK BUND ROAD HYDERABAD. 3.ALL INDIA COUNCIL FOR TECHNICAL EDUCATION, (A STATUTORY BODY OF GOVERNMENT OF INDIA) INDIRA GANDHI SPORTS COMPLEX, IP ESTATE, NEW DELHI - 2. 4. BAPATLA EDUCATIONAL SOCIETY, MAHATMAGIPURAM, BAPATLA - 522 102, GUNTUR DISTRICT, ANDHRA PRADESH REP BY ITS secretary. 5. BAPATLA ENGINEERING COLLEGE, r BAPATLA - 522 102, GUNTUR DISTRICT, ANDHRA PRADESH BY ITS PRINCIPAL. MAHATMAGIPURAM REP. V... 2 hmrk.j \ wp. No. 30651 of 2017 ■..RESPONDENT(S): Petition under Article 226 of the circumstances stated i pleased toto issue Constitution of India in the affidavit filed therewith, an appropriate Writ, Order in the nature of Writ of Mandamus arorcrn:rn:rrd:r.°cTTs - years as per amended section irregular, arbitrary, discrimination, un-oonstitution^ fundamental rights guaranteed India; and ii. praying that in the the High Court may be or Direction more particularly i- declaring the action of the one the as illegal, , and violative of under Articles 14 and 16 of Constitution service as Sw^^iX^“ superannuation i.e. 65 years of age if AlCTE Rules years as per Section 78-A of the A P petitioner is treated of age of are applied; or upto 60 Education Act, 1982 in case if the ' pass as non-teaching staff; and Counsel for the Petitioner: 1. KRISHNA KISHORE KOWURI Counsel for the Respondent(S): 1.K RAMAKANTH REDDY 2.GHANTASRIDHAR 3.GP FOR HIGHER EDUCATION (AP) 3 HMRK.J W.P. No. 30651 of 2017 The Court made the following Order: / The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, i) declaring the action of the respondents in retiring the petitioner on attaining 58 years of age, though the age of superannuation fixed under AlCTE Regulations as 65 years and 60 years as per amended Section 78-A of the A.P. Education Act, 1982 as illegal, irregular, arbitrary, discrimination, unconstitutional and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India; and ii) consequently direct the Respondents to continue the petitioner in service as Sweeper in the 5^^ Respondent’s Institution till she attain the age of superannuation i.e., 65 years of age if AlCTE Rules are applied; or upto 60 years as per Section 78-A of the A.P. Education Act, 1982 in case if the petitioner is treated as non-teaching staff and to pass such other order or orders....” I On 10.04.2025 & 25.04.2025, none appeared for the 2. petitioner. Today also, in spite of posting the matter under the caption ‘for dismissal’, none appeared for the petitioner. Learned Assistant Government Pleader for Education and as 3. well as learned Standing Counsel for the respondents appeared. Learned counsels for the respondents submit that the writ 4. petitioner retired from service on 31.05.2019, after attaining the age of 60 years. Thereafter, she also received all statutory entitlements on 04.09.2019 itself. N 4 HMRK.J \ W.P. No. 30651 of 2017 Thus, by taking into consideration the above submissions made by the respective counsels, coupled with the specific averments stated in para No.9 of the counter affidavit filed on behalf of respondent Nos.4 & 5, this Court is of the opinion that this matter does not require any further adjudication and the Writ Petition is accordingly closed. 5. \ There shall be no order as to costs. As a sequel. Interlocutory Applications pending, if any, shall stand closed. Sd/- A. VENU GOPAL RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Krishna Kishore Kovvuri, Advocate [OPUC] 2. One CC to Sri K. Ramakanth Reddy, Advocate [OPUC] 3. One CC to Sri Ghanta Sridhar, Advocate [OPUC] 4. Two CCs to GP for Higher Education High Court of Andhra Pradesh [OUT] 5. Two CD Copies Cnr V-..- V. \ HIGH COURT DATED:27/06/2025 \ \ ORDER WP NO. 30651 OF 2017 O W SEP 2025 II S/J- . Current ijaciion ^ CLOSING THE W.P. WITHOUT COSTS