APHC010169052023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 8947/2023 Between: 1. K RAMA SUBBA REDDY, S/O. K. SUBBI REDDY (LATE) AGE. 60 YEARS, OCC. OFFICE SUBORDINATE (DRIVER) 0/0 DISTRICT EMPLOYMENT OFFICER. KADAPA Y.S.R KADAPA DISTRICT. PRESENTLY WORKING ON DEPUTATION AT 0/0. PROJECT DIRECTOR MEPMA, KADAPA,Y.S.R. KADAPA DISTRICT. ...PETITIONER AND 1. THE DISTRICT EMPLOYEMENT OFFICER, , KADAPA, KADAPA DISTRICT. 2. THE DISTRICT COLLECTOR AND CHAIRMAN, SMPC,, KADAPA, KADAPA DISTRICT. 3. THE MANAGING DIRECTOR, AP STATE CO-OPERATIVE RURAL IRRIGATION CORPORATION LTD. H.NO.52-1,3- 4/4 C ROAD NO. 1 B. NTR COLONY, VIJAYAWADA KRISHNA DISTRICT. 4. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, LABOUR EMPLOYMENT. TRAINING AND FACTORIES DEPT, A.P. SECRETARIAT 2 BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. ...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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of MANDAMUS (a)by declaring that the entire action of the respondents, particularly the entire action of the 1st respondent in not extending the benefit of age of superannuation upto 62 years in terms of orders issued by the Govt., in G.O.Ms.No.15 Finance (HRIV.FRandLR) Dept., dated 31.01.2022 despite of request of the petitioners is as highly illegal, arbitrary, unjust, improper, contrary to orders issued in G.O.Ms.No.138, dated 08.08.2017 and judgment of Hon'ble Apex court in SLP Nos.14033- 14034/2017 dated 05.05.2017, including orders of Hon'ble Apex Court in SLP No.13623/2017, dated 09.08.2017 in the matter of applicability of age of superannuation to the petitioners on par with Government servants. (b)and further hold that the petitioner herein is entitled for continuation of his services upto the age of 62 years in terms of orders issued by the Govt., vide G.O.Ms.No.15 Finance (HR.IV-FRandLR) Dept., dated 31.01.2022 on account that in earlier, the services of all employees working in corporations/ societies included in the IX and X Schedules of the AP Reorganization Act, vide G.O.Ms.No.138 Finance (HR.IV-FR) Dept., dated 08.08.2017, extended the benefit of superannuation on par with Govt., servants including petitioners and the Hon'ble Apex Court also held that, the corporation employees also entitled for such enhancement of age of superannuation on par with Govt., servants. (c)and consequently to direct the respondents to continue the services of the petitioner till up to the age of 62 years with all consequential benefits by extending the same benefit that was extended to the employees in G.O. Ms. No. 15 Finance (HR.IV-FR and LR) Dept., dated. 31.01.2022 keeping in view of the earlier orders issued in G.O.Ms.No.138 Finance (HR.IV-FR) 3 Dept., dated 08.08.2017 r/w orders of Hon'ble Apex Court in SLA(c) Nos.14033-14034/2017 dated 29.01.2020 as well as orders of Hon'ble High Court in WP No.3021/2018 dated 11.10.2018 and to pass IA NO: 1 OF 2023 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 pleased to direct the respondents to continue the services of the petitioner till up to the age of 62 years by extending the same benefit that was extended to the employees in G.O. Ms. No. 15 Finance (HR.IV-FR and LR) Dept, dated. 31.01.2022 keeping in view of the earlier orders issued in G.O.Ms.No.138 Finance (HR.IV-FR) Dept., dated 08.08.2017 r/w orders of Hon'ble Apex Court in SLA(c) Nos.14033-14034/2017 dated. 29.01.2020 as well as orders of Hon'ble High Court in WP No.36780/2022 dated 14-11-2020 and W.P. No. 3369/2023 dated. 13-12-2023 and to pass IA NO: 2 OF 2023 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 Pleased to vacate the interim direction in IA No. 1 of 2023 in WP No. 8947 of 2023 dated 12-04-2023 as it devoid of merits in the interest of justice Counsel for the Petitioner: 1. SANTHAPUR SATYANARAYANA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES III The Court made the following: 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.8947 of 2023 ORDER: Learned counsel for the Petitioner submits that the cause in the writ petition does not survive for adjudication. 2. Recording the said submission, the writ petition is dismissed as infructuous. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 04.12.2025 KLP