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2025 DAILYLAW 30165 (AP)

V.Valasaiah v. The State of Andhra Pradesh

WP/18678/2017 · 2025-07-10

Maheswara Rao Kuncheam

body2025

Judgment text

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1 APHC010432832017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 18678 OF 2017 Between: 1. V.Valasaiah, S/o V. Kavitaiah Aged about: 58 Yrs, Occ: Asst. Manager (Technical) Flat No.T2, Surya Teja Apartment, DCCB Colony, Srikakulam Srikakulam District ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Civil Supplies Department, A.P. Secretariat, Velagapudi, Amaravathi Guntur District. 2. A P State Civil Supplies Corporation Limited, Regd.Office at 6-3-655/1/A, Civil Supplies Bhavan, Somajiguda, Hyderabad-500 082, represented by Its Vice Chairman and Managing Director 3. The Commissioner of Civil Supplies and E O Secretary to, Government of A.P. Consumer Affairs, Food and Civil Supplies Department, Regd.Office at 6-3-655/1/A, Civil Supplies Bhavan, Somajiguda, Hyderabad 4. The State of Telangana, rep. by its Chief Secretary to Government, Of Telangana, Secretariat, Hyderabad 5. Union of India, Ministry of Personnel, PG & Pensions Department Of Personnel & Training, State Reorganization Division, step. by its Secretary to Government of India, 3rd Floor, Lok Nayak Bhavan, Khan Market, New Delhi. ...Respondents 2 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, order or direction more particularly one in the nature of Writ of Mandamus i) declare that the Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.189 (5), dated 8.12.2015 keeping the Board of Directors Resolution No.185 (7) in abeyance is illegal, arbitrary and unjust and consequently set aside the same ii) declare that the petitioner is entitled to continue in service till he attains the age superannuation of 60 years in terms of Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.185 (7), dated 5.1.2015 and in terms of Section 3 of the A.P. Public Employees (Regulation of Age of Superannuation) (Amendment) Act, 2014 and (iii) consequently direct the respondents to continue the petitioner in service till she attains the age of superannuation of 60 years with all consequential benefits and pass Counsel for the Petitioner: K JAYASREE Counsel for the Respondents: GP FOR CIVIL SUPPLIES (AP) Counsel for the Respondents: GP FOR CIVIL SUPPLIES(DEPUTY SOLICITOR GENERAL) The Court made the following order: 3 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.18678 of 2017 ORDER: The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India, seeking the following main relief: “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus i) declare that the Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.189 (5), dated 8.12.2015 keeping the Board of Directors Resolution No.185 (7) in abeyance is illegal, arbitrary and unjust and consequently set aside the same ii) declare that the petitioner is entitled to continue in service till he attains the age superannuation of 60 years in terms of Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.185 (7), dated 5.1.2015 and in terms of Section 3 of the A.P. Public Employees (Regulation of Age of Superannuation) (Amendment) Act, 2014 and (iii) consequently direct the respondents to continue the petitioner in service till she attains the age of superannuation of 60 years with all consequential benefits and pass….” 2. The sum and substance of the writ petition is that the petitioner is seeking to continue his services up to the age of 60 years in the respondents Corporation. 3. This Court did not pass any interim order at the threshold. 4. Today, when the matter is taken up for hearing, none appeared for the petitioner. 5. Per contra, Mr.Md.Saleem, the learned Standing Counsel appearing for the respondents brought to the notice of this Court, that the writ petition was filed way back in the year 2017, when the petitioner was 4 aged about 58 years and in view of efflux of time, the petitioner has crossed the age of 65 years by 2024. Thus, the cause in the writ petition does not survive for further adjudication. 5. Recording the said submission made by the learned Standing Counsel, the instant writ petition is closed. However, this order will not preclude the petitioner from taking recourse to law as permissible, if so advised. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date: 11.07.2025 Rns 5 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.18678 of 2017 Date:11.07.2025 Rns