Hi IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31463 OF 2024 Between: U. Bhaskara Reddy, S/o. U.Narasimhareddy, Occ Assistant Project Manager (ARM -L3), aged about 60 years, R/o. H.No.1-81, Jonnanala KothaPalle, Satya Sai/Ananthapur District, Andhra Pradesh. ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Panchyat Raj and Rural Development Department, Secretariat, Amaravathi, 2. The Society for Elimination of Rural Poverty, (SERP), (Regt.No.l311/200, CC.No.67/2014) rep. by its Chief Executive Officer, (C.E.O.)., Office at 2ND Floor, PNB RTC Complex, Vijayawada, A.P. 3. The District Collector- Executive Chairman, Satya Sai/Ananthapuramu District, Anathatapuramu District, Andhra Pradesh. 4. The Project Director, (SERP), Society for Elimination of Rural Poverty, Satya Sai/Ananthapuramu District, Anathatapuramu, A.P. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate Writ, Order or direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents authorities in trying to prevent the petitioner to be in may more service upto age of 62 in 2'^'^ ‘Respondent, and further action of 4**^ Respondent in issuing proceedings vide Rc.No.331/H.R/DRDA- / Velugu/2022, dated 18.11.2024 informing the petitioner that he would be superannuated from 31.01.2025, thought the petitioner is entitled to be service ,upto 62 years i.e., till 31.01.2027 thereby considering the amendment made vide G.O.Ms.No.15 Finance (HR-IV-FR AND LR) Department dated 31.01.2022, discriminating with the petitioner while allowing other employees of the 2ND Respondent to be in service upto 62 years and not taking any decision on increasing the age of retirement to 62 years to all the employees of the 2ND Respondent, as was done earlier while extending age of retirement from 58 to 60 years, as illegal, arbitrary and contrary to the principles of natural justice, without jurisdiction, violative of Fundamental Rights guaranteed under Article 14 and 21 of the Constitution of India and contrary to the provisions of the Service Condition as adopted vide G.O.Rt.No.l35, dated 08.03.1991 of 1®‘ Respondent and terms and conditions of the Employment of SERF employees, 2009 and rules made therein and consequently direct respondents to continue petitioner service till the age of 62 years. lA. No. 1 of 2024: Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to continue the service of the petitioner up to age of 62 years, pending disposal of the above writ petition Counsel for the Petitioner; SRI SRINIVAS BASAVA Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ Counsel for the Respondent No.2 to 4: SRI HARI BABU The Court made the following: ORDER APHC010602672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0ri?:5 [3331] FRIDAY, THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31463/2024 Between: 1.U BHASKARA REDDY, S/0. U.NARASIMHAREDDY, OCC ASSISTANT PROJECT MANAGER (ARM -L3), AGED ABOUT 60 YEARS, R/0. H.NO.1-81, JONNANALA KOTHAPALLE, SATYA SAI/ANANTHAPUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI, 2.THE SOCIETY FOR ELIMINATION OF RURAL POVERTY, (SERP), (REGT.NO.L311/200, CC.NO.67/2014) REP. BY ITS EXECUTIVE OFFICER, (C.E.O.)., OFFICE AT 2ND FLOOR, PNB RTC COMPLEX, VIJAYAWADA, A.P. CHIEF 3.THE DISTRICT COLLECTOR EXECUTIVE CHAIRMAN, SATYA SAI/ANANTHAPURAMU DISTRICT, ANATHATAPURAMU DISTRICT, ANDHRA PRADESH. U.NARASIMHAREDDY, OCC ASSISTANT PROJECT MANAGER (ARM -L3), AGED ABOUT 60 YEARS, R/0. H.NO.1-81, JONNANALA KOTHAPALLE, SATYA SAI/ANANTHAPUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1.THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, AMARAVATHI, 2.THE SOCIETY FOR ELIMINATION OF RURAL POVERTY, (SERP), (REGT.NO.L311/200, CC.NO.67/2014) REP. BY ITS EXECUTIVE OFFICER, (C.E.O.)., OFFICE AT 2ND FLOOR, PNB RTC COMPLEX, VIJAYAWADA, A.P. CHIEF 3.THE DISTRICT COLLECTOR EXECUTIVE CHAIRMAN, SATYA SAI/ANANTHAPURAMU DISTRICT, ANATHATAPURAMU DISTRICT, ANDHRA PRADESH. 4.THE PROJECT DIRECTOR SERP, SOCIETY FOR ELIMINATION OF RURAL POVERTY, SATYA SAI/ ANANTHAPURAMU DISTRICT, ANATHATAPURAMU, A.P. ...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 SRS J W.P.No.31463 of 2024 pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents authorities in trying to prevent the petitioner to be in service up to age of 62 in 2NDRespondent, and further action of Respondent in issuing proceedings vide Rc.No.331/H.R/DRDA-Velugu/2022, dated 18.11.2024 informing the petitioner that he wouid be superannuated from 31.01.2025, thought the petitioner is entitied to be service upto 62 years i.e., till 31.01.2027 thereby considering the amendment made vide G.O.Ms.No.15 Finance (HR-IV FR AND LR) Department dated 31.01.2022, discriminating with the petitioner while allowing other employees of the 2ND Respondent to be in service up to 62 years and not taking any decision on increasing the age of retirement to 62 years to all the employees of the 2ND Respondent, while extending age of retirement from 58 to 60 as was done earlier ^ ^ years, as illegal, arbitrary and contrary to the principles of natural justice, without jurisdiction, violative of Fundamental Rights guaranteed under Article 14 and India and contrary to the provisions of the Service G.O.Rt.No.l35, dated 08.03.1991 of P Respondent of the Employment of SERF employees, 2009 and consequently direct respondents to continue petitioner 62 years and pass 21 of the Constitution of Condition as adopted vide and terms and conditions rules made therein and service till the age of Counsel for the Petitioner: 1.SRINIVAS BASAVA Counsel for the Respondent(S): 1.GP FOR SERVICES IV The Court made the following: :: ORDER :: Impugning the proceedings issued by R.C.N0.331/H.R./D.R.D.A respondent No.4 vide - Velugu/2022, dated 18.11.2024 (Ex.P5), superannuation on 31.01.2025, service up to 62 years, as illegal intimating the petitioner about his date of though, the petitioner is entitled to continue i and arbitrary, the above writ petition is filed. in SRS,J W.P.No.31463 of 2024 Heard Sri Srinivas Basava, learned counsel for the petitioner and Sri S.Raju, learned Assistant Government Pleader for Services appeared for respondent No.1 and Sri Hari Babu, learned Standing Counsel appeared for respondents 2 to 4. At the hearing, learned counsel for the petitioner v\/ould submit that respondent No.2, earlier extended the age of retirement of its employees from 58 to 60 years. Thereafter, the Government issued G.O.Ms.No.15 Finance (HR.IV-FR&LR) Department, dated 31.01.2022, extending the age of ^ superannuation from 60 to 62 years. The Andhra Pradesh State SERP Employees JAC made a representation dated 08.01.2024 to respondent No.2 to extend the age of superannuation up to 62 years. Pending the said representation, the impugned proceedings vide Ex.P5 were issued. Sri Hari Babu, learned Standing Counsel would submit that the petitioner is not entitled to the benefit under G.O.Ms.No.15 Finance (HR.IV- FR&LR) Department, dated 31.01.2022. Thus, as seen from the material available on record, there is no dispute regarding the petitioner’s employment and his date of retirement as per the Rules in vogue. Accordingly, Respondent No.4 vide R.C.No.331/H.R ./D.R.D.A - Velugu/2022, dated 18.11.2024 (Ex.P5) intimated the petitioner about his date of superannuation i.e. on 31.01.2025. Regarding the representation by the association to enhance the age of superannuation from 60 years to 62 years, in terms of G.O.Ms.No.15, dated 31.01.2022, there is no decision by the Government so far. 2. 3. 1 I / \ / 4. 5. Given the facts and circumstances of the case and since the Andhra Pradesh State SERP Employees JAC made a representation to respondent No.2 and the same is pending consideration, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the respondent No.2 to consider 6. I SRS,J "N W.P.No.31463 of 2024 ' representation made by the Andhra Pradesh State SERF Employees JAC dated 08.01.2024 and pass appropriate orders, strictly as per the Rules, as expeditiously as possible, preferably within three (03) months. There shall be no order as to costs. the sequel, pending miscellaneous petitions, if any, shall stand closed. SDA G HELA NAIDU ASSISTANT REGISTRAR /^SECTlSi OFFICER As a //TRUE COPY// To, of Andhra Pradesh, Panchyat Raj and 1 The Principal Secretary, State Rural Development Department, Secretariat, Amaravathl, 2. The Chief Executive Officer (C.E.O), Society for Elimmahcn of Rura Poverty. (SERP). (Regt.No .1311/200, CC.No.67/2014) Office at 2 Floor, PNB RTC Complex, Vijayawada, A.P. Executive Chairman, Satya Sai/Ananthapuramu 3. The District Collector- District, Anathatapuramu 4. The Project Director, (SERF), Society for Elimination of Rura ove y, District, Anathatapuramu, A.P. District, Andhra Pradesh. Satya Sai/ Ananthapuramu 5 One CC to SRI. SRINIVAS BASAVA, Advocate [OPUC] 6. TWO CCS to GP FOR PANCHAYAT RAJ, High Court of Andhra Pradesh. [OUT] 7. OneCCto SRI. HARl BABU, Advocate [OPUC] 8. Three C.D.Copies nm / HIGH COURT DATED;03/01/2025 ( ORDER WP.No.31463 of 2024 'PX X 3 1 JAN 2025 m O Co , Current section Ss%££SPATCHS?f^ DISPOSING OF THE WP WITHOUT COSTS