% APHC010326892023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE • PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA AND THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO, WRIT APPEAL NO: 701 OF 2023 Writ Appeal under Clause 15 of the Letters Patent against the Order dt. 21,04.2023 in WP No. 14732 of 2022 on the file of the High Court. -- Between: 1. The State of Andhra Pradesh, Rep by its Principal Secretary Panchayat Raj and Rural Development Secretariat Complex, Velagapudi Guntur District 2. The Chief Executive Officer, Society for Elimination of Rural Poverty (SERP) NTR Administrative Block Pandit Nehru Bus Station. Vijayawada.Krishna District 3. The State of Andhra Pradesh, Rep by its Special Chief Secretary Finance (HR.IV-FR and LR) Department AP Secretariat, Velagapudi Amaravathi, Guntur District ...Petitioners-- AND G Venkata Satyajanakamma, aged 60 yrs W o G.Ram Prasad, Occ. Addl. Director SPMU, SERP, Vijayawada, Krishna District ...Respondent / lA NO: 1 OF 2023 .^|®etition under Section 151 CPC praying that in the circumstances stated in thj^ffidavit filed in support of the petition, the High Court may be pleased to %tay the operation of the orders of the learned single judge in W.P.No. 14732 of 2022 dated 21.04.2023, pending disposal of the above Writ Appeal.- Counsel for the Petitioners: THE ADVOCATE GENERAL Counsel for the Respondent SRI JAWAJI SARATH CHANDRA The Court made the following Judgment: % APHC010326892023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3526] FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT APPEAL NO: 701 OF 2023 Between: 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT COMPLEX, VELAGAPUDI GUNTUR DISTRICT 2.THE CHIEF EXECUTIVE OFFICER, SOCIETY FOR ELIMINATION OF RURAL POVERTY (SERP) NTR ADMINISTRATIVE BLOCK PANDIT NEHRU BUS STATION. VIJAYAWADA. KRISHNA DISTRICT 3.THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY FINANCE (HR.fV-FR AND LR) DEPARTMENT AP SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT ' ...APPELLANT(S) AND 1.G VENKATA SATYAJANAKAMMA, aged 60 yrs W o G.Ram Prasad Occ. Addl. Director SPMU, SERP, Vijayawada, Krishna District ...RESPONDENT Counsel for the Appellant(S): 1.THE ADVOCATE GENERAL (AP) 2.Mrs.S.PRANATHI, SPECIAL GOVERNMENT PLEADER Counsel for the Respondent: TJAWAJi SARATH CHANDRA 1 ’ 2 The Court made the following JUDGMENT: The State aggrieved by the orders of the learned Single Judge dated 21.04.2023 in W.P.No. 14732 of 202 filed the present Writ Appeal. 2) Heard Mrs.S.Pranathi,' learned Special Government Pleader attached to the office of the learned Advocate General, appearing for the State and the learned counsel for the respondent-writ petitioner. The respondent-writ petitioner aggrieved by the action of the appellants 3) in retiring her at the age of 60 years invoked the jurisdiction of this Court under Article 226 of the Constitution of India. Her grievance is that contrary to G.O.Ms.No.15, dated 31.01.2022, wherein the age of the superannuation from 60 years to 62 years was enhanced for certain categories of Government employees, she is sought to be retired on attaining the age of 60 years. Initially, a learned Single Judge granted interim direction dated 26.05.2022 to continue her in service till attaining the age of 62 years, subject to further orders in the Writ Petition. Subsequently, the Writ Petition was allowed by an order dated 21.04.2023. The State preferred the present appeal against the said order and a Division Bench of this Court on 24.07.2023 granted interim stay of the operation of the same. Smt. S.Pranathi, learned Special Government Pleader sought to advance arguments with reference to the grounds raised in the Writ Appeal. However, the learned counsel for the respondent - writ petitioner states that though the writ petition was allowed, in view of the reasons set out in the said affidavit, the respondent - writ petitioner is not seeking to contest the Appeal 4) 3 or derive any benefits by virtue of the orders passed in W.P.No.14732 of 2022, which is under challenge and therefore the matter need not be adjudicated merits. on 5) The relevant averments in the affidavit reads thus: ‘6. I respectfully submit that I have since superannuated from service upon completion of 60 years of age, and there no longer exists any surviving or enforceable cause of action for continuation in service under the challenged order. Therefore, I do not propose do further contest the matter on merits in W.P.No.14732 of 2022 or in the pending W.A.No.701 of 2023. 7. However, in view of the pendency of W.A.No.701 of 2023 and authorities are pension, gratuity, leave encashment, and other terminal benefits, causing me undue hardship and serious financial distress post-retirement. the interim stay granted therein, the respondent withholding my retirai dues, including 8. in order to facilitate the immediate release of my retirement benefits without further delay I hereby voluntarily and unconditionally waive my rights under the judgment and order passed in W.P.No.14732 of 2022, which is now under challenge in W.A.No.701 of 2023. I undertake not to claim any further relief based on the final order in W.P.No. 14732 of 2022 and respectfully request this Hon’ble Court to take judicial notice of this affidavit, and permit the respondent authorities to proceed with the disbursement of my retirement dues, without treating the pendency of the writ appeal as an impediment. 9. 10. state that this affidavit is being sworn voluntarily, without any coercion or inducement, with the sole intention of expediting the clearance of my pending service dues, and with unnecessary litigation. I further state that I reserve liberty to approach the appropriate authority or forum in case of any fresh grievance unrelated to the subject matter of W.P.No. 14732 of 2022 of W.A.No.701 of 2023.” a view to avoid 11. 6) In the light of the above mentioned affidavit and the averments made therein, which is taken on record, this Court deems it not necessary to go into 4 merits of the case. Virtually, the respondent is not intending to take advantage of the order and forego the same, even without contest, but not by conceding on merits. Under the said circumstances, while not accepting the submission made by the learned Special Government Pleader to allow the appeal, we deem it appropriate to dispose of the matter providing that the State / Appellants, without prejudice, are at liberty to urge the grounds / raise all the contentions in accordance with law, in the analogous appeals, filed against the orders directing continuation of services by extending the benefit of G.O.Ms.No.15, dated 31.01.2022, to employees working in societies / cooperative societies. Accordingly, with the above observations the Writ Appeal is deposed,of, making it clear that in the light of the affidavit referred to above the respondent-writ petitioner cannot claim any benefits, whatsoever, by virtue of the order dated'21.04.2023 in W.P.No.14732 of 2022, except the relief, in terms of para 11 of her affidavit extracted supra. Consequently, the Miscellaneous Applications pending, if any, shall stand closed. 8) Sd/- M.RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. Two CCs to The Advocate General, High Court of Andhra Pradesh [OUT] 2. Two CCs to Smt S Pranathi, Special Government Pleader, High Court of Andhra Pradesh [OUT] 3. One CC to Sri Javvaji Sarath Chandra Advocate [OPUC] - 4. Two CD Copies TF HIGH COURT DATED:11/07/2025 JUDGMENT WA NO. 701 OF 2023 ^0 ^ SEP 2025% ^^sSeaisas^^ DISPOSING OF THE W.A., WITHOUT COSTS