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2025 DAILYLAW 38302 (AP)

G.Subba Rama Raju v. The State of Andhra Pradesh

WP/2940/2017 · 2025-07-03

Maheswara Rao Kuncheam

body2025

Judgment text

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1 APHC010705542017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 2940/2017 Between: G.subba Rama Raju ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. D LINGA RAO Counsel for the Respondent(S): 1. GP FOR INDUSTRIES & COMMERCE (AP) 2. V R N PRASHANTH 3. Y SUDHAKAR 4. GP FOR FINANCE PLANNING (AP) The Court Made the Following Order:- This Writ Petition under Article 226 of the Constitution of India is filed for the following relief: “to issue a appropriate writ order or direction more particularly one in the nature of Writ of Mandamus the action of the respondents in retiring the petitioner from 2 service of the 3rd respondent Corporation at the age of fifty eight 58 years on the basis of impugned clarification issued in circular Memo No 4179/14/HRM IV/2014 dated 272014 and impugned Ref No 00 No APMDC/HRD/HO/Retd Intimation/2016/2269 dated 27.12.2016 and APMDC / WPet / HRD / Retirement /3610/201617 dated 2412017 of the 4th 86 5th respondents as being arbitrary illegal unjust discriminatory contrary to the provisions of the A P Public Employment Regulation of Age of Superannuation Act 1984 as amended from time to time and in violation of Articles 14 and 16 of the Constitution of India and accordingly set aside the same and consequently hold that the petitioner is entitled to be reinstated and continued in service upto the age of sixty 60 years with all consequential benefits in accordance with law and statutory prescription in this regard and to pass...” 2. Heard learned counsel for the petitioner and Sri N.Jeevan Kumar, learned Standing Counsel for APMDC. 3. Learned Standing Counsel for APMDC submits that the petitioner was initially retired on 31.01.2017 upon attaining the age of 58 years. However, the respondent Corporation subsequently continued the petitioner in service until the age of 60 years, and accordingly, the petitioner was finally retired on 31.01.2019 on attaining the age of 60 years. To that effect, the proceeding issued by Vice-Chairman & Managing Director, the Andhra Pradesh Mineral Development Corporation Limited, vides APMDC/HRD/58 to 60 Years/2018/396, dated 02.07.2018, is placed before this Court. 3 4. The above said assertions were not disputed by the learned counsel for the petitioner and he prays this Court that the Writ Petition may be disposed of by recording the submissions made by the learned Standing Counsel for APMDC. 5. Recording the above submissions made by the respective counsels, the Writ Petition is closed by making the proceeding dated 02.07.2018 referred Supra as part of the record. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. _____________________________ MAHESWARA RAO KUNCHEAM,J 04.07.2025. ASR 4 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO.2940 of 2017 04.07.2025 ASR