IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA - WRIT PETITION NO: 47667 OF 2018 Between: Md. Aslam, s/o late Md Taher aged about 58 years, occu working as Driver, STEP - SETWEL, Office collectorate compound, Eluru- 534006, West Godavari Dist. (A.P.) r/o H.No. 18-8-4, Pension Mohalla, Near Masjid, Eluru -534 005. W.G. Dist. (AP) ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by it's Special Chief Secretary, Government of A.P., Youth Advancement, Tourism and Culture Department, Secretariat Buildings, Velagapudi, Guntur-522 503. Andhra Pradesh. 2. A.P. Society for Training and Employment (APSTEP), A wholly owned undertaking of the Government of Andhra Pradesh, Door No. 39-2-19-A112, APSEB City Centre Colony, Beside MVR Mall Lane, Lab bipeta, Vijayawada-520010. Krishna Dist. rep. by it's Managing Director. 3. The Chairman and Dist. Collector Society for Training and Employment Promotion, SETWEL, A wholly owned otGovt. of Andhra Pradesh , Collectorate WG Dist. (A.P.) for Training and Employment, Promotion, SETWEL, A «#yv '•IWholly owned undertaking of Govt, of Andhra Pradesh with it's office at opp. Collectorate compound, Eluru- 534006, WG Dist. (AP), rep. by it's Chief Executive Officer. undertaking compound, Eluru- •f-. 't ...RESPONDENTS Petition under Article 226 of the Constitution that in the circumstances stated i High Court may be pleased to i of India praying in the affidavit filed therewith, the issue orders, direction or Writ more particularly in the nature of Writ of Mandamus for declaration declaring that the resolution of the Managing Committee of the Respondent No. 2 society in their meeting held on 12.07.2017 deciding not to enhance the age of superannuation of the employees of the APSTEP and STEP from (58) to (60) years as enhanced by Government Of Government employees in the case is illegal, arbitrary, discriminatory, and violation of the Articles No. 14 and violation of the principles of Natural 16 and 21 of the Constitution of India Justice and hence set aside the same and consequently direct the respondents to grant the benefit of enhanced age of superannuation of (60) years to the petitioner in compliance with the orders issued vide GOMs No. 138 Finance (HR.IV-FR) Department Dated 08.08.2017 read with the orders dated 09.08.2017 of the Hon'ble Supreme Court in Civil Appeal No. 10273 of 2017 & Batch in the matter of A. Veerraju and ofhers Vs. Andhra Pradesh and others State of and pass such other further order orders as may be just in the interests of Law, Justice and Equity to or r avoid unwarranted damage , heavy and irreparable loss and injury to him. lA NO: 1 OF 2018 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 pass interim orders of suspension of the impugned orders vide Memo No. 1443/ APSTEP/ Admn./2014 dated .12.2018 issued by the respondent No.2 directing the respondents to continue the petitioner in service duly paying him usual monthly salary and allowances and other service benefits to which he is entitled to, till he attains the age of (60) years, pending disposal of the main writ petition. lA NO: 1 OF 2019 Between; The Chief Executive Officer, Society for Training and Employment, Promotion, SETWEL, A wholly owned undertaking of Govt, of Andhra Pradesh with it's office at opp. Collectorate compound, Eluru- 534006, WG Dist. (AP), ...Petitioner/Respondent No.4 AND 1. Md. Aslam, s/o late Md Taher aged about 58 as Driver, STEP - SETWEL, Office collectorate compound, Eluru- 534006, West Godavari Dist. (A.P.) r/o H.No. 18-8-4 Mohalla, Near Masjid, Eluru -534 005. W.G. Dist. (AP) years, occu working Pension 2. The State of Andhra Pradesh, rep. by it's Special Chief Secretary, Government of A.P., Youth Advancement, Tourism and Culture Department, Secretariat Buildings, Velagapudi, Guntur-522 503. Andhra Pradesh. 3. A.P. Society for Training and Employment (APSTEP), A wholly owned undertaking of the Government of Andhra Pradesh, Door No. 39-2-19-A112, APSEB City Centre Colony, Beside MVR Mall Lane, Lab bipeta, Vijayawada-520010. Krishna Dist. rep. by it's Managing Director. 4. The Chairman and Dist. Collector, Society for Training and Employment Promotion, SETWEL, A wholly owned undertaking of Govt, of Andhra Pradesh , Collectorate compound, Eluru-534006, WG Dist. (A.P.) ...RESPONDENTS/Respondents 2,3 & 4 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 vacate the interim order dated 31.12.2018 passed in I.A No 1 of 2018 in W.P No.47667of 2018 and pass Counsel for the Petitioner: SRI. NARASIMHA RAO GUDISEVA Counsel for the Respondent No.1: GP FOR TOURISM(AP) Counsel for the Respondent No.2: SRI G ASHOK KUMAR REDDY, Standing Counsel for APSTEP The Court made the following Order: APHC010976932018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 47667/2018 Between: ...PETITIONER Md. Aslam, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1.GP FORTOURISM(AP) 2.GANGULA ASHOK KUMAR REDDY (SC FORAPSTEP) The Court made the following ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for; "...to issue orders direction or Writ more particularly In the nature of Writ of Mandamus for declaration declaring that the resolution of the Managing Committee of the Respondent No 2 society in their meeting held on 12.07.2017 deciding not to enhance the age of superannuation of the employees of the APSTEP and STEP from 58 to 60 years as enhanced by Government in the case of Government employees Is illegal, arbitrary, discriminatory and violation of the Articles 14, 16 and 21 of the Constitution of India and violation of the principles of Natural Justice and hence set aside the same and consequently direct the respondents to grant the benefit of enhanced age of superannuation of 60 years to the petitioner in compliance with the orders issued vide G.O.Ms.No.138 Finance (HR-IV-FR) 1 2 PJ, “ J18 ' V Department dated 08.08.2017 read with the orders dated 09.08.2017 of the Hon’ble Supreme Court in Civil Appeal No. 10273 of 2017 and Batch of A.Veerraju and others Vs. State of Andhra Pradesh in the matter and others and pass such as may be just in the interests of Law Justice and Equity to avoid unwarranted damage heavy and irreparable loss and pass... ” other further order or orders and injury to him \ 2. Heard Sri Narasimha Rao Gudiseva, learned Counsel and the learned Assistant Government Pleader for Tourism for the No. 1. for the petitioner respondent 3. Learned counsel for the petitioner would submit that the petitioner is an employee of A.P.Society for Training and Employment (APSTEP). Learned counsel would further submit that the petitioner reached the age of 58 years, Government have taken step to enhance the age of superannuation from 58 years to 60 years w.e.f., 02.06.2014 and issued G.O.iVls.No.138, dated 08.08.2017 accordingiy. Learned counsel would further submit that, whereas, the Managing Committee of APSTEP in their meeting on 12.07.2017 decided not to enhance the age of superannuation of the employees of APSTEP on par with the Government employees. Learned counsel would further submit that, a batch of Civil Appeals were preferred before the Hon’ble Supreme Court in Civil Appeal Nos. 10273 of 2017 and batch wherein it was held that all the employees are entitled to the protection of their and to all consequential benefits. Learned counsel would further subsequently, G.O.Ms.No. 25, Youth Advancement Tourism & service up to 60 years submit that Culture (Sports & YS) Department, dated 29.11.2017 was issued, wherein, the Government have decided to extend the benefit of enhancement of the age of 3 Dr.VJPJ, W.P.No.47667/2018 superannuation from 58 years to 60 years to the employees of Sports Authority of Andhra Pradesh working in the State of Andhra Pradesh and permitting to reinstate the employees, who retired on completion of 58 years for their left over service up to 60 years by duly amending the Service Rules, subject to a condition to place the matter before the next Managing Committee for taking steps. Learned Assistant Government Pleader for Tourism for the respondent 4. No,1 would submit that the Court may pass appropriate orders, in the light of G.O.Ms.No. 25. The fact remains is that, in the light of G.O.Ms.No.138, dated 5. 08.08.2017 coupled with judgment of the Hon’ble Supreme Court referred to supra, and G.O.Ms.No. 24, which is exclusively meant for the Society, which is the employer of the petitioner, passing of resolution by the Managing Committee may be a formality. Considering the above submissions, the Writ petition is disposed of and 6. the petitioner is entitled for superannuation till 60 years with all consequential benefits. There shall be no order as to costs. Pending applications, if any, shall stand closed. s Sd/- G HELA NAIDU ASSISTANT R^ISTRAR / II //TRUE COPY// SECTfOr^OFFICER To, Youth 1. The Special Chief Secretary, Government of A.P. Advancement, Tourism and Culture Department, Secretariat Buildings, Velagapudi, Guntur-522 503. Andhra Pradesh. 2. The Managing Director,A.P. Society for Training and Employment (APSTEP), A wholly owned undertaking of the Government of Andhra Pradesh, Door No. 39-2-19-A112, APSEB City Centre Colony, Beside MVR Mall Lane, Lab bipeta, Vijayawada-520010. Krishna Dist. 3. The Chairman and Dist. Collector, Society for Training and Employment Promotion, SETWEL, A wholly owned undertaking of Govt, of Andhra Pradesh , Collectorate compound, Eluru-534006, WG Dist. (A.P.) 4. The Chief Executive Officer, Society for Training and Employment, Promotion, SETWEL, A wholly owned undertaking of Govt, of Andhra Pradesh with it's office at opp Collectorate compound, Eluru- 534006, WG Dist. (AP) 5. One CC to SRI. NARASIMHA RAO GUDISEVA Advocate [OPUC] 6. TwoCCsto GP for TOURISM(AP),High Court Of Andhra Pradesh. [OUT] 7. One CC to Sri G. Ashok Kumar Reddy, SC for APSTEP.[OPUC] 8. Three CD Copies vna T HIGH COURT D4TED:07/05/2025 ORDER WP.No.47667 of 2018 DISPOSING OF THE WRIT PETITION WITHOUT COSTS