Sri Mallineni Dharmaiah, S/o. M. China Ankaiah, v. The State of Andhra Pradesh, Rep. by its Principal
WP/30243/2017 · 2025-07-24
Maheswara Rao Kuncheam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28883 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28883 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010412122017
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 30243/2017 Between: Sri Mallineni Dharmaiah, S/o. M. China Ankaiah, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh Rep By Its Principal and Others ...RESPONDENT(S) Counsel for the Petitioner(S):
1. SYED ARIF BASHA Counsel for the Respondent(S):
1. SIVAPRASAD REDDY VENATI
2. GP FOR AGRICULTURE (AP) The Court made the following:
ORDER:
The writ petition is filed under Article 226 of Constitution of India, seeking the following main relief:-
“……to issue appropriate Writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in issuing the Memo No.1443 /APSTEP/Admn/2014 dated 23-01-2017 and consequential Proceedings No.7/B/Establishment/STEP/2017 dated 05-05-2017 directing the petitioners to retire on 30-06-2017 at the age of 58 years instead of 60 years is contrary to the provisions of Act No.4 dated 27th June, 2014, resolution, contrary to the Judgment of the Hon’ble Apex Court dated 05-05-2017, byelaws, illegal, arbitrary and ultravires the Constitution of India consequently direct the Respondents to continue the petitioners in service up to 60 years of age along with consequential benefits in the interest of justice as was being done in all other similarly placed persons by virtue of interim directions of this Hon’ble Court and to pass……”
2. The sum and substance of the writ petition is that the petitioners are seeking extension of their services from 58 years to 60 years. 3. Today when the matter is taken up for hearing, there is no representation on behalf of the petitioners. 4. Conversely, Sri V.Siva Prasad Reddy, learned Standing Counsel appearing for respondent No.4-Bank, represented by Sri V.Sreekanth, learned counsel submits that all the four (4) writ petitioners retired from their services and also they were paid all the retiremental benefits as mentioned below: Sl. Name of the Petitioner Date of retirement
1. Sri Mallineni Dharmaiah 31-07-2016
2. Sri Avula Krishnaiah 31-07-2016
3. Sri Geepalem Nagaraja 31-07-2016
4. Sri Muppalla Mohan Raju 30-11-2015
5. Even as per the version of the writ petitioners also, at the time of filing of the writ petition, they are aged about 59 years. In fact, the petitioners sought for continuation of their services up to the age of 60 years.
However, due to efflux of time, the petitioners would have already crossed 60 years of age long back. Admittedly, there is no representation on behalf of the petitioners. 6. In those circumstances, by taking into consideration the submissions made by the learned Standing Counsel appearing for respondent No.4, the writ petition is closed. However, this order will not preclude the petitioners from taking recourse to law as permissible, if they are so advised. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 25.07.2025 SRT
192
THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION No.30243 of 2017
Date: 25.07.2025
SRT