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2025 DAILYLAW 3557 (AP)

Asadi Srinivas v. The State of Andhra Pradesh

WP/1372/2021 · 2025-08-28

Kiranmayee Mandava

body2025

Judgment text

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1 APHC010388772019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 18696/2019 Between: 1. T.SIVA SANKAR,, S/O BHASKAR RAO, AGED ABOUT 60 YEARS, WORKING AS ASSOCIATE PROFESSOR, MECHANICAL DEPARTMENT, BAPATLA ENGINEERING COLLEGE, BAPATLA, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P., 2. THE COMMISSIONER, STATE BOARD OF TECHNICAL EDUCATION AND TRAINING, M.N.R.BHAVAN, VIJAYAWADA, KRISHNA DISTRICT, AP. 3. AP ADMISSION AND FEE REGULATORY COMMITTEE AFRC, ANDHRA PRADESH, OFFICE AT TADEPALLI, GUNTUR DISTRICT, AP. 4. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AICTE, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI - 110070. 5. BAPATLA EDUCATIONAL SOCIETY, MAHATMAJIPURAM, BAPATLA- 522102, GUNTUR DISTRICT, ANDHRA PRADESH, REP BY ITS PRESIDENT. 6. THE SECRETARY, BAPATLA EDUCATIONAL SOCIETY, MAHATMAJIPURAM, BAPATLA-522102, GUNTUR DISTRICT, 2 ANDHRA PRADESH. 7. THE PRINCIPAL, BAPATLA ENGINEERING COLLEGE, MAHATMAJIPURAM, BAPATLA-522102, GUNTUR 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, i. declaring the action of the respondents in contemplating to retire the petitioner as Associate professor in 7th respondent institution on attaining 60 years of age, though the age of superannuation fixed as per 'All India council for Technical Education (Pay Scales, Service condi-ions and qualifications for the Teachers and other academic staff in Technical Institutions (Degree) Regulations 2010' and guidelines of AP Admission and Fee Regulatory Committee (AFRC), is 65 years for teaching staff, as illegal, irregular, arbitrary, discriminatory, un- constitutional, and violative of fundamental rights guarenteed under Articles 14 and 16 of Constitution of India ii.declare that the petitioner is entitled to continue until attainment of age of 65 years as per All India council for Technical Education (Pay Scales, Service conditions and qualifications for the Teachers and other academic staff in Technical Institutions (Degree) Regulations 2010' and guidelines of AP Admission and Fee Regulatory Committee (AFRC) iii. consequently declare that the intimation letter Ref- BEC/PF/nil dated 5.11.2019 issued by the 7th respondent at the instance of respondents 5 and 6 intimating that the petitioner would be retired from service on 31.1.2020 on completion of 60 years of age iv. consequently direct the Respondents 1 to 4 to direct the respondents No.5 to 7 to continue the Petitioner in service as Associate Professor in 7th Respondent Institution till he attain the age of 65 years as per the above mentioned regulations, or else not to accord approval for the 7th respondent college in case the AICTE regulations are violated and unimplemented IA NO: 1 OF 2019 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 pleased to direct the respondents to continue the Petitioner in service as Associate Professor in Mechanical Engineering until the age of 65 years in terms of 'All India council for Technical Education (Pay Scales, Service 3 conditions and qualifications for the Teachers and other academic staff in Technical Institutions (Degree) Regulations 2010' and guidelines of AP Admission and Fee Regulatory Committee (AFRC), pending disposal of the main Writ Petition Counsel for the Petitioner: 1. N BHARAT BABU Counsel for the Respondent(S): 1. GP FOR EDUCATION (AP) 2. GHANTA SRIDHAR APHC010019072021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 1372/2021 Between: 1. ASADI SRINIVAS, S/O KOTI REDDY, R/O D.NO.2-71, BETHAPUDI VILLAGE 522101, BAPATLA MANDAL, GUNTUR DISTRICT, AP. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P., 2. THE COMMISSIONER, STATE BOARD OF TECHNICAL EDUCATION AND TRAINING, ANR TOWERS, PRASADAMPADU, KRISHNA DISTRICT. 4 3. BAPATLA EDUCATIONAL SOCIETY, MAHATMAJIPURAM, BAPATLA- 522102, GUNTUR DISTRICT, ANDHRA PRADESH, REP BY ITS PRESIDENT. 4. BAPATLA ENGINEERING COLLEGE, MAHATMAJIPURAM, BAPATLA-522102, GUNTUR DISTRICT, ANDHRA PRADESH, REP BY ITS PRINCIPAL. ...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 toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, i. declaring the action of the respondents in contemplating to retire the petitioner on attaining 58 years of age, though the age of superannuation fixed under Section 78A of AP Education Act 1982 and regulations issued by the Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), is 60 years for non-teaching staff, as illegal, irregular, arbitrary, discrimination, un-constitutional, and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India and ii. consequently declare that the intimation letter Ref No.BEC/PF/566 dated 31.12.2020 issued by the respondent No.4 on the instructions of the 3rd respondent intimating that the petitioner would be retired from service on 31.1.2021 on completion of 58 years of age, as illegal iii. consequently direct the Respondents to continue the Petitioner in service as Helper in 4th Respondent Institution till he attain the age of 60 years as per the above mentioned regulations iv. and pass such other order or orders as it deem fit, proper and necessary in the circumstances of the case and in the interest of justice. IA NO: 1 OF 2021 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 pleased to direct the respondents to continue the Petitioner in service as Helper (Non-teaching staff) until the age of 60 years in view of Section 78A of AP Education Act 1982 and guidelines issued by the Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 5 1. N BHARAT BABU Counsel for the Respondent(S): 1. GHANTA SRIDHAR 2. GP FOR SERVICES III (AP) APHC010202842021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 11619/2021 Between: 1. N.VENKATESWARA REDDY,, S/O RANGA REDDY, AGED ABOUT 58 YEARS, WORKING AS HELPER, BAPATLA ENGINEERING COLLEGE, R/O GVR PALEM, KUKKALAVARIPALEM, BAPATLA, GUNTUR DISTRICT, AP. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P., 2. THE COMMISSIONER, STATE BOARD OF TECHNICAL EDUCATION AND TRAINING, ANR TOWERS, PRASADAMPADU, KRISHNA DISTRICT 3. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AICTE, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110070. 4. BAPATLA EDUCATIONAL SOCIETY, MAHATMAJIPURAM, BAPATLA- 522102, GUNTUR DISTRICT, ANDHRA PRADESH, REP BY ITS 6 PRESIDENT 5. BAPATLA ENGINEERING COLLEGE, MAHATMAJIPURAM, BAPATLA-522102, GUNTUR DISTRICT, ANDHRA PRADESH, REP BY ITS PRINCIPAL. ...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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the the action of the respondents in contemplating to retire the petitioner on attaining 58 years of age, though the age of superannuation fixed is 60 years as per Section 78A of the A.P.Education Act 1982 and the guidelines issued by the Andhra Pradesh Higher Education Regulatory and Monitoring Commission, as illegal, irregular, arbitrary, discriminative, un-constitutional, and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India, and ii. consequently declare that the intimation letter Ref No.BEC/PF/220 dated 01.06.2021 issued by the respondent No.5 intimating that the petitioner would be retired from service on 30.6.2021 on completion of 58 years of age, as illegal, iii. consequently direct the Respondents to continue the Petitioner in service as Helper in the 5th Respondent Institution till he attain the age of 60 years as per the AP Education Act 1982 and guidelines issued by APHERMC, IA NO: 1 OF 2021 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 pleased to direct the respondents to continue the Petitioner in service as Helper in the 5th respondent college until the age of 60 years in view of the guidelines issued by Andhra Pradesh Higher Education Regulatory and Monitoring Commission and section 78A of A.P.Education Act 1982, pending disposal of the main Writ Petition Counsel for the Petitioner: 1. N BHARAT BABU Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 7 2. P S P SURESH KUMAR APHC010299202021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 17679/2021 Between: 1. KURRA BALARAM DAS, S/O LAKSHMI NARAYANA AGED ABOUT 58 YEARS, WORKING AS DRIVER, R/O DOOR NO.1-7-19, 4TH WARD, RAIL PETA, BAPATLA ENGINEERING COLLEGE, BAPATLA, GUNTUR DISTRICT, AP. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P., 2. THE COMMISSIONER, STATE BOARD OF TECHNICAL EDUCATION AND TRAINING, ANR TOWERS, PRASADAMPADU, KRISHNA DISTRICT. 3. ALL INDIA COUNCIL FOR TECHNICAL EDUCATION AICTE, NELSON MANDELA MARG, VASANT KUNJ, NEW DELHI-110070. 4. BAPATLA EDUCATIONAL SOCIETY, MAHATMAJIPURAM, BAPATLA- 522102, GUNTUR DISTRICT, ANDHRA PRADESH, REP BY ITS PRESIDENT. 5. BAPATLA ENGINEERING COLLEGE, MAHATMAJIPURAM, BAPATLA-522102, GUNTUR DISTRICT, ANDHRA PRADESH, REP BY ITS PRINCIPAL. 8 ...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 toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, i.declaring the action of the respondents in contemplating to retire the petitioner on attaining 58 years of age, though the age of superannuation fixed is 60 years as per Section 78A of the A.P.Education Act 1982 and the guidelines issued by the Andhra Pradesh Higher Education Regulatory and Monitoring Commission, as illegal, irregular, arbitrary, discriminative, un-constitutional, and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India and ii.consequently declare that the intimation letter Ref No.BEC/PF/330 dated 31.7.2021 issued by the respondent No.5 intimating that the petitioner would be retired from service on 31.8.2021 on completion of 58 years of age, as illegal iii.consequently direct the Respondents to continue the Petitioner in service as Driver in the 5th Respondent Institution till he attain the age of 60 years as per the AP Education Act 1982 and guidelines issued by APHERMC iv.and pass IA NO: 1 OF 2021 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 continue the Petitioner in service as Driver in the 5th respondent college until the age of 60 years in view of the guidelines issued by Andhra Pradesh Higher Education Regulatory and Monitoring Commission and section 78A of A.P.Education Act 1982, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. N BHARAT BABU Counsel for the Respondent(S): 1. P S P SURESH KUMAR 2. GHANTA SRIDHAR 3. GP FOR SERVICES II APHC010272082022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3458] 9 (Special Original Jurisdiction) FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 16101/2022 Between: 1. JOGI CHINNA, S/O VEERAIAH, AGED ABOUT 57 YEARS, WORKING AS DRIVER, BAPATLA ENGINEERING COLLEGE, BAPATLA, R/O 17-1-127, D.M.PALLI, 32ND WARD, BAPATLA, BAPATLA DISTRICT, AP. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P., 2. THE COMMISSIONER, STATE BOARD OF TECHNICAL EDUCATION AND TRAINING, ANR TOWERS, PRASADAMPADU, KRISHNA DISTRICT. 3. BAPATLA EDUCATIONAL SOCIETY, MAHATMAJIPURAM, BAPATLA- 522102, GUNTUR DISTRICT, ANDHRA PRADESH, REP BY ITS PRESIDENT. 4. BAPATLA ENGINEERING COLLEGE, MAHATMAJIPURAM, BAPATLA-522102, GUNTUR DISTRICT, ANDHRA PRADESH, REP BY ITS PRINCIPAL. ...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 toto issue an appropriate writ, order or direction more particularly one 10 in the nature of Writ of Mandamus, i. i.declaring the action of the respondents in contemplating to retire the petitioner on attaining 58 years of age, though the age of superannuation fixed is 60 years as per Section 78A of the A.P.Education Act 1982 and the guidelines issued by the Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC), as illegal, irregular, arbitrary, discriminative, Un-constitutional, and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India and ii.consequently declare that the intimation letter Ref No.BEC/PF/270 dated 30.5.2022 issued by the respondent No.4 intimating that the petitioner would be retired from service on 30.6.2022 on completion of 58 years of age, as illegal iii.consequently direct the Respondents to continue the Petitioner in service as Driver in the 4th Respondent Institution till he attain the age of 60 years as per the AP Education Act 1982 and guidelines issued by APHERMC iv. and pass IA NO: 1 OF 2022 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 pleased to direct the respondents to continue the Petitioner in service as Driver in the 4th respondent college until the age of 60 years in view of the guidelines issued by Andhra Pradesh Higher Education Regulatory and Monitoring Commission and section 78A of A.P.Education Act 1982, pending disposal of the main Writ Petition and pass IA NO: 2 OF 2022 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 pleased to vacate the interim order dated 15-12-2021 in Writ Petition No.16101 of 2022 and dismiss the Writ Petition with costs and 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 passed to vacate the interim orders dated 16.06.2022 passed in W.P.No. 16101 of 2022 and pass Counsel for the Petitioner: 1. N BHARAT BABU Counsel for the Respondent(S): 11 1. GP FOR HIGHER EDUCATION 2. GHANTA SRIDHAR 3. GP FOR SERVICES II 4. SRINIVASA RAO BODDULURI The Court made the following: COMMON ORDER:- Heard Sri Raghava Yathiraju, learned counsel appearing for Sri N. Bharat Babu, learned counsel for the petitioner(s) and learned Government Pleader for Services-II, appearing for the respondents. 2. Learned counsel for the petitioner(s) submits that the relief sought in the Writ Petitions would not survive and no further orders are required to be passed in the Writ Petitions. 3. Accordingly, the Writ Petitions are dismissed as infructuous. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. ______________________________ JUSTICE KIRANMAYEE MANDAVA Date:29.08.2025 MVK 12 THE HON’BLE SMT. JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NOS:18696 of 2019, 1372, 11619, 17679 of 2021 & 16101 of 2022 Date:29.08.2025 MVK