APHC010504002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26319/2024 Between: 1. GURRAM VENKATESWARA RAO, S/O. GURRAM SUBBA RAO, OCCUPATION. RETIRED WORK INSPECTOR- GRADE-IV, ANDHRA PRADESH HOUSING BOARD, VIJAYAWADA DIVISION. R/O.D.NO.76-60-8/4, OLD MARG, BHAVANI PURAM, OLD HB COLONY, VIJAYAWADA (URBAN), VIDYADHARAPURAM, KRISHNA DISTRICT, ANDHRA PRADESH. PIN-520012. ...PETITIONER AND 1. ANDHRA PRADESH HOSING BOARD, DOOR NO.521, PRASADAMPADU, VIJAYAWADA REP BY ITS VICE CHAIRMAN AND HOUSING COMMISSIONER. 2. THE VICECHAIRMAN AND HOUSING COMMISSIONER, ANDHRA PRADESH HOUSING BOARD, DOOR NO.521, PRASADAMPADU, VIJAYAWADA. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE (HR.IV-FR AND LR) SECRETARIAT, VELAGAPUDI, AMARAVATI 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, URBAN HOUSING, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2 5. THE EXECUTIVE ENGINEER HOUSING, ANDHRA PRADESH HOUSING BOARD, A.P. HOUSING BOARD COLONY, BHAVANIPURAM, VIJAYAWADA, ANDHRA PRADESH 520012. RESPONDENT NO.5 IMPLEADED AS PER COURT ORDER DATED 27.11.2024 VIDE I.A.NO.2 OF 2024 IN WP NO.26319 OF 2024. ...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 pleased tomay be graciously pleased to issue a writ order or direction more particularly the one in the nature of writ of Mandamus declaring the inaction on the part of respondents in enhancing the age of superannuation from 60 years to 62 years for the employees working in 2nd respondent Organisationin terms of G.O.Ms No.15 dated 31.01.2022 issued by the 1st respondent, the subsequent Memo. No. AP Ordinance 01/B6/APHB/2022 dated 27- 09-2022 issued by the Respondent No.2 and the clarification given by Respondent No.3 vide Cir. Memo. NO.1813129/FIN01- HR/212/2022-HR-IV dated 23-09-2022 which starts with a non obstante clause which doesnot synchronize with G.O.Ms No.15 dated 31-01-2022 or the Andhra Pradesh Ordinance No.1 of 2022 dated 31-01-2022, an ordinance which was issued to amend the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 as arbitrary, self contradictoryand is violative of Articles 14, 16, 21 and 23 of the Constitution of India and consequently direct the respondents to enhance the age of superannuation of the petitioner from 60 years to 62 years on par with the Government employees in terms of G.O.Ms No.15 dt 31.01.2022 issued by the 1st respondent, without any break in service, with full back wages, all allowances and with all consequential benefits and to pass IA NO: 1 OF 2024 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 may be graciously pleased to suspend the retirement proceedings Proc No. 01/W.C.Estt Retirement/EE-VJA/2024/749 dated 18.04.2024 and direct the 3 Respondents to reinstate and continue the Petitioner in service up to 62 years in the interest of justice, pending disposal of the Writ Petition and pass IA NO: 2 OF 2024 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 may be pleased to permit impleading the following proposed Respondent 5 who has issued the impugned retirement proceedings as a necessary party: 1) The Executive Engineer (Housing), Andhra Pradesh Housing Board,, A.P. Housing Board Colony, Bhavanipuram, Vijayawada, Andhra Pradesh - 520012 as Respondent No.5, in the Writ Petition WP No. 26319 of 2024 and show cause notice may be issued to them in the interest of Justice. Counsel for the Petitioner: 1. BALA MURALI KRISHNA P Counsel for the Respondent(S): 1. GP FOR SERVICES IV 2. GP FOR SERVICES I 3. Y V SRINIVASAN(SC FOR AP HOUSING BOARD) The Court made the following: 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.26319 of 2024 ORDER : Learned counsel for the Petitioner seeks permission of this Court to withdraw the writ petition. Permission as sought for is accorded. The writ petition is dismissed as withdrawn with liberty to pursue the legal remedies as and when occasion arises. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 28.10.2025 KLP