\ APHC010751062018 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 DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37409 OF 2018 Between: Dr.Nakka Vikas, S/o Late N. Veeraiah, aged 61 Apartments H.No. 1-55-55, RC-13 Balaji Colony, Tirupati 507 501 Chittoor District years r/o 403, KCR ...Petitioner AND 1. State of Andhra Pradesh, Health, Medical and Family Welfare (A) Department Andhra Pradesh Secretariat, Velagapudi Vijayawada, Krishna District, Andhra Pradesh 2. The Executive Officer, Tirumala Tirupati Devasthanams Tirupati, Chittoor District ...Respondents 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 or any other appropriate writ (i) declaring the action of the Respondents in not enhancing the age of superannuation of the Petitioner from 60 to 63 years as per G.O.Ms. No. 86, Health, Medical and Family Welfare (A) Department dated 31.05.2017 is illegal and arbitrary, (ii) declare the action of the Respondents in not continuing the Petitioner in service till the age of 63 years on par with Dr.P.Srinivasulu, Dy. Civil Surgeon as illegal and violative of Article 14 and 16 of Constitution of India and consequently direct the Respondents to continue the Petitioner in service as Chief Medical Officer in Tirumala Tirupati Devasthanams par with Dr.P.Srinivasulu, Dy. Civil and Family Welfare (A) on Surgeon as per G.O.Ms. No. 86, Health, Medical Department dated 31.05.2017. lA NO: 1 OF 2ni« 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 permit the Petitioner to Dr.P.Srinivasulu, Dy. Civil Surgeon in Tirumala Tirupati Devasthanams. continue in service on par with lA NO: 1 OF 2024 Between: The Executive Officer, Tirumala Tirupati Devasthanams Tirupati, Chittoor District Petitioner/Respondent No.2 AND 1. Dr.Nakka Vikas, S/o Late N. Veeraiah, aged 61 Apartments H.No. 1-55-55, RC-13 Balaji Colony, Tirupati 507 Chittoor District years r/o 403, KCR 501 Respondents/Writ Petitioners 2. State of Andhra Pradesh, Health, Medical and Family Welfare (A) Department Andhra Pradesh Secretariat, Velagapudi Krishna District, Andhra Pradesh Vijayawada Respondent/Respondent 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 grant leave to the Petitioner/Respondent No.2 in Writ Petition to file counter affidavit by condoning the delay and consequently receive the Counter Affidavit on record. order to Counsel for the Petitioner: SRI V PADMANABHA RAO Counsel for the Respondent No.1:GP FOR MEDICAL HEALTH Counsel for the Respondent No.2: SRI A SUMANTH ( SC FOR TTD) The Court made the following order: APHC010751062018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 37409/2018 Between: 1.DR.NAKKA VIKAS. S/0 LATE N. VEERAIAH, AGED 61 YEARS R/0 403, KCR APARTMENTS H.NO. 1-55-55, RC-13 BALAJI COLONY, TIRUPATI 507 501 CHITTOOR DISTRICT ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, HEALTH, MEDICAL AND FAMILY WELFARE (A) DEPARTMENT ANDHRA PRADESH SECRETARIAT, VELAGAPUDI PRADESH VIJAYAWADA, KRISHNA DISTRICT, ANDHRA 2.THE EXECUTIVE OFFICER, TIRUMALA TIRUPATI DEVASTHANAMS TIRUPATI, CHITTOOR DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1.VPADMANABHA RAO Counsel for the Respondent(S): 1 .A SUMANTH ( SC FOR TTD) 2.GP FOR MEDICAL HEALTH FW(AP) 2 The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “ issue a writ, order or direction more particularly one in the nature of Writ of Mandamus or any other appropriate writ (i) declaring the action of the Respondents in not enhancing the age of superannuation of the Petitioner from 60 to 63 G.O.Ms. No. years as per 86, Health, Medical and Family Welfare (A) Department dated 31.05.2017 is illegal and arbitrary, (ii) declare the action of the Respondents in not continuing the Petitioner in service till the age of 63 years on par with Dr.P.Srinivasulu Civil Surgeon as illegal and violative of Article 14 Constitution of India and consequently direct the Respondents continue the Petitioner in service as Chief Medical Officer i Tirumala Tirupati Devasthanams on par with Dr.P.Srinivasulu, Dy. Civil Surgeon as per G.O.Ms. No. 86, Health, Medical and Family Welfare (A) Department dated 31.05.2017 (iii) pass....” Dy. and 16 of to in 2. Heard Sri V.Padmanabha Rao, learned counsel for the Sri A.Sumanth, learned Standing counsel forTTD. 3. Learned Standing Counsel for the respondents would submit that application of any G.O., to the T.T.D is not automatic. The G.O. which issued by the Government need to be adopted by the Government, very same purpose, the E.O., addressed a letter to the Government seeking clarification for application of G.O.Ms.No. 86., dated 31.05.2017 In turn, the Government issued clarification to the effect that the Government has not yet implemented the said G.O., if the service of any one beyond the superannuation is required, the T.T.D can engage them on contract basis by paying honorarium. petitioner and the was For the to the T.T.D. 3 In the light of the said instructions, the learned Standing Counsel would submit that this matter does not survive. Learned Standing Counsel would further submit that the petitioner is claiming that one Sri Srinivasulu’s services have been extended by virtue of G.O.Ms.No.86, which is not correct. They have specifically mentioned in their counter affidavit by referring the number of the writ petition which is filed by the said Sri Srinivasulu which is of the year 2021, which is pending for disposal before the appropriate Bench. Learned counsel for the petitioner would submit that recording the same, this writ petition may be disposed of. Recording the above said submission, this writ petition is disposed of. There shall be no order as to costs. 4. 5. 6. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS ASSISTANT REGIST^tAR //TRUE COPY// SECTfON OFFICER To, Medical and Family Welfare (A) Secretariat, Velagapudi Vijayawada, Krishna 1. State of Andhra Pradesh, Health Department Andhra Pradesh District, Andhra Pradesh 2. The Executive Officer Tirumala Tirupati Devasthanams Tirupati, Chittoor District 3. One CC to SRI. V PADMANABHA RAO, Advocate [OPUC] . A SUMANTH ( SC FOR TTD) Advocate [OPUC] HEALTH, High Court of Andhra Pradesh 4. One CC to SRI 5. Two CCS to GP FOR MEDICAL [OUT] 6. Two CD Copies NM ■m HIGH COURT DATED:1 1/07/2025 ORDER WP NO. 37409 OF 2018 DISPOSING OF THE WP WITHOUT COSTS