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2025 DAILYLAW 17508 (AP)

J.Katamaiah, v. The State of Andhra Pradesh,

WP/24279/2017 · 2025-07-03

Maheswara Rao Kuncheam

Transfer Petitionbody2025

Judgment text

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APHC010239052017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 24279/2017 Between: 1. J.KATAMAIAH, S/O (LATE) POTHAPPA, AGED 59 YEARS, ACCOUNTANT (RETIRED), A.P. STUDY CIRCLE FOR BACKWARD CLASSES, ANANTAPUR,D.NO.16-206, UMANAGAR, ANANTHAPURAM, ANANTAPUR DISTRICT-515001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, BACKWARD CLASSES WELFARE (A2) DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE A P STUDY CIRCLE FOR BACKWARD CLASSES, REP. BY ITS DIRECTOR, ANANTAPURAM, ANANTAPURAM DISTRICT. 3. THE A P STUDY CIRCLE FOR BACKWARD CLASSES, REP. BY ITS PRESIDENT AND DISTRICT COLLECTOR, ANANTAPURAM DISTRICT. 4. THE DIRECTOR, A.P. BACKWARD CLASSES WELFARE, VISHAL RESIDENCY, 2ND FLOOR, PADMAJA NAGAR, OPP: SIDDARDHA ENGINEERING COLLEGE,TADIGADAPA, VIJAYAWADA, KRISHNA DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. P V RAMANA Counsel for the Respondent(S): 1. GP FOR SOCIAL WELFARE (AP) HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.24279 of 2017 ORDER: The instant writ petition has been filed seeking the following main relief: “to issue a Writ Order or direction more in the nature of Mandamus declaring the action of the Respondents in not continuing the petitioner in service till he attain the age of superannuation of 60 years and passing orders by the 3rd Respondent in Rc.No.9/APBCSC/ATP/2015 dated 31.8.2015 directing the petitioner to retire from service on attaining the age of 58 years without extending the age of superannuation provided under A.P.Public Employment Regulation of Age of Superannuation Amendment Act 2014 Act 4 of 2014 and the orders issued in G.O.Ms.No.147, Finance Department, dated 30.6.2014 in spite of the orders passed by the Hon’ble Supreme Court in S.L.P.No.11403314034 of 2017 dated 5.5.2017 followed by the Division Bench of this Hon’ble Court in W.P.M.P.No.20915 of 2017 in W.P.No.6491 of 2017, dated 18.5.2017 and the Learned Single Judge also followed the said orders in W.P.M.P.No.21019 of 2017 in W.P.No.17171 of 2017, dated 18.5.2017 in spite of passing resolution by the Managing Committee dated 22.1.2016 and also in spite of the Government orders in G.O.Ms.No.102, Finance HR IVFR Department, dated 27.6.2017 and in spite of the orders of the Hon’ble High Court in W.P.No.31724 of 2015, dated 23.3.2017 as illegal, arbitrary and in violation of Articles 14, 16 and 21 of the Constitution of India and consequently declare that the petitioner is entitled to continue in service till 60 years without there being any break in service with all attendant benefits and to pass such other order or orders as this Hon’ble High Court may deem fit and proper in the circumstances of the case and to pass…..” 2. Smt.Santhi Sree, learned counsel representing Sri P.V.Ramana, learned counsel for the petitioner submits that on 24.07.2017, this Hon’ble Court was pleased to grant an interim relief. Consequent to the said interim orders, the petitioner was continued up to the age of 60 years and thereafter he retired from service. Hence, presently there is no cause of action for further adjudication in the lis. She sought for closing Writ Petition. 3. Taking into consideration the submissions of learned counsel for the petitioner as there is no cause of action as on today, the instant Writ Petition is closed. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date: 04.07.2025 M K K