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2025 DAILYLAW 37652 (AP)

DASARI BABU RAO, GUNTUR DIST. v. THE STATE OF A.P.,HR.EDN.,AMARAVATHI,GUNTUR DIST.,& 4 OTRS.

WP/23114/2017 · 2025-06-26

Maheswara Rao Kuncheam

body2025

Judgment text

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APHC010650582017 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: Between: Dasari Babu Rao, Guntur Dist. The State Of A P Hr Edn Amaravathi Guntur Dist 4 Otrs and Others Counsel for the Petitioner: 1. D SUDHARSHAN Counsel for the Respondent(S): 1. K RAMAKANTH REDDY 2. GHANTA SRIDHAR 3. GP FOR HIGHER EDUCATION (AP) 4. N SUBBA RAO IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 23114/2017 Dasari Babu Rao, Guntur Dist. AND The State Of A P Hr Edn Amaravathi Guntur Dist 4 Otrs ...RESPONDENT(S) Counsel for the Petitioner: Counsel for the Respondent(S): K RAMAKANTH REDDY GHANTA SRIDHAR GP FOR HIGHER EDUCATION (AP) IN THE HIGH COURT OF ANDHRA PRADESH [3504] TWENTY SEVENTH DAY OF JUNE THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM ...PETITIONER ...RESPONDENT(S) 2 HMRK,J W.P.No.23114 of 2017 The Court made the following Order: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…. to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in contemplating to retire the petitioner on attaining 58 years of age, though the age of superannuation ought to be 60 years as per amended Section 78-A of the A.P. Education Act, 1982 as illegal, irregular, arbitrary, discriminative, unconstitutional and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India and consequently direct the respondents to continue the petitioner in service in 5th respondent institution till he attains the age of 60 years as per Section 78-A of the A.P. Education Act, 1982 and to pass such other order or orders.…” 2. On 25.04.2025 & 20.06.2025, none appeared for the petitioner. Today also, in spite of posting the matter under the caption ‘for dismissal’, none appeared for the petitioner. 3. The learned counsel for the 5th respondent-College appeared and draw the attention of this Court in respect of paras 8 and 9 of the counter affidavit, which reveals that consequent to the interim directions passed by this Court dated 13.07.2017, the petitioner continued his service till he attains the age of 60 years and he retired from service on 30.07.2019. Thus, he submits that as of now, no cause of action survives for further adjudication in the lis. 3 HMRK,J W.P.No.23114 of 2017 4. Thus, recording the said submission made by the learned counsel for the 5th respondent-College, the Writ Petition is closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Dated: 27.06.2025 MDP