APHC010391582024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 20344/2024 Between: 1. S KRISHNA SWAMY, S/O.LATE S.APPALA SWAMY, AGED ABOUT 62 YEARS, OCC PGT (TELUGU), ADHARSH NAGAR.VISAKHAPATNAM. 2. R.RAMAPRASADA RAO, S/O.R.TIRUPATI RAO, AGED ABOUT 61 YRS, YEARS, OCC RETD PGT, R/O.PLOT NO. 118, NATARAJ COLONY, VIZIANAGARA. 3. T.VENKATA RAMANA, S/O. T.SIMHACHALAM, AGED ABOUT 61 YEARS, OCC RETD, R/O. 1-204, MAIN STREET, ROTTA VALASA, SRIKAKULAM. 4. D.MANMADHA RAO, C/O. LATE D.BHASKARA RAO, AGED ABOUT 61 YEARS, OCC RETD, R/O.PLOT NO.71, TELUGU MUSALAYYA COLONY, SRIKAKULAM. 5. P.SAILAJA RANI, W/O S.V.L.S.KUMAR, AGED ABOUT 62 YEARS, OCC RETD CRAFT TEACHER, R/O. 53-17-49, VISAKHAPATNAM. 6. B.KURMA RAO, S/O. APPANNA, AGE 62, OCC RETD AS JUNIOR LECTURER, R/O. SABBAVARAM, ANAKAPALLI DISTRICT. 7. A.CHANDRA SEKHAR GUPTHA, S/O. HARINATH SETTY, AGE 62, OCC RETD TGT, R/O. FLAT NO. 102,1ST FLOOR, BKM, INFRA, 12TH CROSS, UPADHYA NAGAR, TIRUPATI. ...PETITIONER(S) AND 2 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE ANDHRA PRADESH SOCIAL WELFARE RESIDENTIAL EDUCATIONAL INSTITUTIONS SOCIETY GURUKULAM, REP. BY ITS SECRETARY, MOKSHA SAI PLAZA, BESIDE HIGHWAY TOWERS, TADEPALLI, GUNTUR DISTRICT. 4. THE DR B R AMBEDKAR GURUKULA, (BOYS), KANCHILI VILAGE AND SRIKAKULAM DISTRICT, REP. BY ITS PRINCIPAL. MANDAL 5. THE DR B R AMBEDKAR GURUKULA, (BOYS), SABBAVARAM, ANAKAPALLI DISTRICT, REP. BY ITS PRINCIPAL. 6. THE DR B R AMBEDKAR GURUKULAM GIRLS, NELLIMALA, VIZIANAGARAM DISTRICT, REP. BY ITS PRINCIPAL. 7. THE DR B R AMBEDKAR GURUKULAM GIRLS, TAMARAPALLI VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 8. APSWREIS GIRLS, SRIKALAHASTI, TIRUPATI DISTRICT, ANDHRA PRADESH. ...RESPONDENT(S): 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 a Writ, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the respondents in not paying the salary and not consider the petitioners representation dated 18-06-2024, 19-06-2024, 02-07-2024, 20-06-2024, 28-06-2024, 27-04-2024 and 20-06-2024 for payment of salaries is highly illegal, arbitrary, unreasonable 3 discriminatory and also in violation of Art 14,16 and 21 of the constitution of India and declare the same as bad in law and consequently direct the respondents to pay the salaries to the petitioners with all consequential benefits and pass such other order. IA NO: 1 OF 2024 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 to pay the salary to the petitioners by considering the representation dated 18-06-2024, 19-06-2024, 02-07-2024, 20-06-2024, 28-06-2024, 27-04-2024 and 20-06-2024 pending disposal of the writ petition and to pass such other order. IA 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 may be pleased to grant leave for filing of this counter dated 01/05/2025 and pass such other order. Counsel for the Petitioner(S): 1. S.D.PRASANNA KUMARI MADE Counsel for the Respondent(S): 1. ANITHA MESA (SC FOR APREIS TW SW BC) 2. GP FOR SERVICES I 3. GP FOR SERVICES II The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.20344 of 2024 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not considering the representations of the Petitioners, dated 18.06.2024, 19.06.2024, 02.07.2024, 20.06.2024, 28.06.2024, 27.04.2024 and 20.06.2024 respectively for payment of their salaries, as illegal and arbitrary. 2. The facts leading to filing of the present Writ Petition are as follows; Petitioner No.1 was appointed as PGT (Telugu) on 05.10.2007 and retired on 30.06.2022, Petitioner No.2 was appointed as Junior Lecturer on 20.11.1999 and retired on 16.09.2023, Petitioner No.3 was appointed as PD Grade-1 on 25.06.2004 and retired on 30.06.2022, Petitioner No.4 was appointed as Junior Lecturer on 15.02.2016 and retired on 30.09.2023, Petitioner No.5 was appointed as Junior Lecturer on 30.01.1991 and retired on 07.10.2023, Pespondent No.6 was appointed as Junior Lecturer on 01.09.2015 and retired on 07.10.2023 and Petitioner No.7 was appointed as TGT Hindi on 14.09.1992 and retired on 06.09.2023. 5 3. While so, Andhra Pradesh Public Employment (Age of Superannuation) Act, 1984 was modified vide G.O.Ms.No.15, Finance (HR.IV-FR & LR) Department, dated 31.01.2022 enhancing the age of superannuation of employees to 62 years. Basing on the said G.O, the Petitioners filed W.P.No.16910 of 2022, W.P.No.7914 of 2022, W.P.No.13394 of 2022, W.P.No.33818 of 2022, W.P.No.34646 of 2022, W.P.No.7540 of 2023 and W.P.No.23327 of 2022 respectively before this Court for the benefit of enhanced age of superannuation. This Court initially passed interim orders permitting the Petitioners to be continued in service pending further orders. However, after finally hearing the Writ Petitions, this Court vide Common Order dated 06.09.2023 dismissed the Writ Petitions holding that the enhanced age of superannuation is not applicable to the Petitioners. 4. Consequent thereto, the services of the Petitioners were terminated. The Petitioners claim salary for the period they had worked pursuant to the interim orders passed by this Court. The individual representations of the Petitioners are to that effect. However, the Respondents are not considering their representations. Hence, the present Writ Petition is filed. 6 5. In the Counter Affidavit filed by Respondents, it is stated that the representations of the Petitioners have been received and Respondent No.3-Society had addressed a letter to Respondent No.1-State with regard to the same vide Lr.Rc.No.APSWREIS/18021/23/2024/Court, dated 29.10.2024 and Respondent No.3 is awaiting the decision of Respondent No.1-State to take further action. 6. Considering the submissions made, the Writ Petition is disposed of with the following directions; (i) Respondent No.1-State is directed to consider the representations of the Petitioners as forwarded vide Lr.Rc.No.APSWREIS/18021/23/2024/Court, dated 29.10.2024 by Respondent No.3, as expeditiously as possible, preferably within a period of three (3) months from the date of receipt of copy of this order; (ii) No order as to costs. 7. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 11.09.2025 IS 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.20344of 2024 Dated: 11.09.2025 IS