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High Court of Andhra Pradesh · body

2025 DAILYLAW 26157 (AP)

M. Narayana Swamy Naidu, v. The State of Andhra Pradesh,

WP/19605/2018 · 2025-03-27

Venkata Jyothirmai Pratapa

Civil Appealbody2025

Judgment text

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IN THE HON’BLE HIGH COURT OF ANDHRA PRADESH PRESENT THE HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Nos.13704, 17223, 17275, 17325, 19605 OF 2018 AND 18001, 37606 OF 2017 COMMON ORDER: These Writ Petitions have been filed by the respective Petitioners to enhance the age of superannuation from 58 years to 60 years and also for grant of all consequential benefits. 2. Heard Sri Narasimha Rao Gudiseva, learned counsel for the Petitioners. 3. None represented for A.P.Society for Training and Employment. 4. Learned counsel for the Petitioners would submit that the Petitioners are the employees of A.P.Society for Training and Employment (APSTEP), which is a Society under Schedule-IX. Learned counsel would further submit that, when the Petitioners reached the age of 58 years, Government have taken step to enhance the age of superannuation from 58 years to 60 years w.e.f. 02.06.2014 and issued G.O.Ms.No.138, dated 08.08.2017 accordingly. Learned counsel would submit that, whereas, the Managing Committee of APSTEP in their meeting on 12.07.2017 decided not to enhance the age of superannuation of the employees of APSTEP on par with the Government employees. Learned counsel would submit that, a batch of Civil Appeals were preferred before the Hon’ble Supreme Court in Civil Appeal Nos.10273 of 2 2017 and Batch, wherein it was held that all the employees are entitled to the protection of their service up to 60 years and to all consequential benefits. Learned counsel would further submit that, Respondent No.3-Society is falling under Sl.No.66 of Schedule IX. It is submitted that a memo has been filed by Respondent No.3 along with G.O.Ms.No.25, Youth Advancement Tourism & Culture (Sports & YS) Department, dated 29.11.2017, wherein, the Government have decided to extend the benefit of enhancement of the age of superannuation from 58 years to 60 years to the employees of Sports Authority of Andhra Pradesh working in the state of Andhra Pradesh and permitting to reinstate the employees, who retired on completion of 58 years for their left over service up to 60 years by duly amending the Service Rules, but subject to a condition to place the matter before the next Managing Committee Meeting for taking steps for circulation of the Order. 5. When the matter is taken up for hearing, none represented for Respondent No.3 to know the progress regarding the meeting of the Managing Committee in the light of G.O.Ms.No.25. 6. Learned Assistant Government Pleader for Tourism representing Respondent No.1 would submit that the Court may pass appropriate orders, in the light of G.O.Ms.No.25. 7. The fact remains is that, in the light of G.O.Ms.No.138, dated 08.08.2017 coupled with the judgment of the Hon’ble Apex Court referred to supra, and G.O.Ms.No.25, which is exclusively meant for the Society, which is 3 the employer of the Petitioners, passing of resolution by the Managing Committee may be a formality. 8. Considering the above submissions, the Writ Petitions are allowed and the Petitioners are entitled for superannuation till 60 years with all consequential benefits. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:28.03.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.9544 of 2018 Dt.28.03.2025 Dinesh