1 APHC010825442017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 37709/2017 Between: 1. T. RADHA KRISHNA & 6 OTHERS, S/O LATE SRI T.RAMAIAH, AGED ABOUT 59 YEARS, WORKED AS JR. ASSISTANT, ANDHRA PRADESH SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, SPSR NELLORE, A.P. 2. S.SHABEER, S/O LATE S.KHAJAMAIAH AGED ABOUT 59 YEARS, WORKED AS JUNIOR ASSISTANT ANDHRA PRADESH SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, KURNOOL, A.P. 3. G.RATRNAMAIAH,, S/O G. MUTHAIAH, AGED ABOUT 59 YEARS, WORKED AS DRIVER, ANDHRA PRADESH SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, KURNOOL, A.P. 4. K.SATYAM,, S/O LATE SRI YERUKUNADU , AGED ABOUT 59 YEARS, WORKED AS MANAGER, ANDHRA PRADESH SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, VIZIANAGARAM, A.P. 5. S.ESWARA RAO, S/O LATE S.PAIDI RAJU AGED ABOUT 59 YEARS, WORKED AS JUNIOR ASSISTANT, ANDHRA PRADESH SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, VIZIANAGARAM, A.P. 6. D.RADHA KRISHNA BABU,, SR) D.KOTAIAH, AGED ABOUT 59 YEARS, WORKED AS DRIVER, ANDHRA PRADESH SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, PRAKASAM, A.P. 2 7. A. BALA ESWARA REDDY, S/O NAGI REDDY, AGED ABOUT 59 YEARS, WORKED AS ASST.MANAGER, ANDHRA PRADESH SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, YSR KADAPA, A.P. ...PETITIONER(S) AND 1. PRL SECY YOUTH 13 OTHERS, YOUTH ADVANCEMENT TOURISM AND CULTURAL DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL, SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER ANDHRA PRADESH SOCIETY FOR TRAINING, AND EMPLOYMENT PROMOTION, OFFICE OF COMMISSIONER OF YOUTH SERVICES, BOATS CLUB, SECUNDERABAD. 4. THE MANAGING DIRECTOR ANDHRA PRADESH SOCIETY FOR, TRAINING AND EMPLOYMENT PROMOTION (A.P.S.T.E.P.), ADJACENT TO YOUTH HOSTEL, SECUNDERABAD. 5. THE DISTRICT COLLECTOR AND CHAIRMAN, SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, STEP, SETNEL, SPSR NELLORE DISTRICT, A.P. 6. THE CHIEF EXECUTIVE OFFICER SOCIETY FOR TRAINING AND, EMPLOYMENT PROMOTION, STEP, SETNEL, SPSR NELLBRE DISTRICT, A.P. 7. THE DISTRICT COLLECTOR AND CHAIRMAN, SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, STEP, SETKUR, KURNOOL DISTRICT, A.P. 8. THE CHIEF EXECUTIVE OFFICER, SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, STEP, SETKUR, KURNOOL DISTRICT, A.P. 3 9. THE DISTRICT COLLECTOR AND CHAIRMAN, SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, STEP, SETVIZ, VIZIANAGARAM DISTRICT, A.P. 10. THE CHIEF EXECUTIVE OFFICER, SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, STEP, SETVIZ, VIZIANAGARAM DISTRICT, A.P. 11. THE DISTRICT COLLECTOR AND CHAIRMAN, SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, STEP, ONGOLE, PRAKASHAM DISTRICT, A.P. 12. THE CHIEF EXECUTIVE OFFICER, SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, STEP, ONGOLE, PRAKASAM DISTRICT, A.P., 13. THE DISTRICT COLLECTOR AND CHAIRMAN, SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, STEP, YSR KADAPA DISTRICT, A.P. 14. THE CHIEF EXECUTIVE OFFICER, SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, STEP, YSR KADAPA DISTRICT, A.P. ...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 to issue appropriate Writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not reinducting the petitioners in service by treating their services as continuous in view of the orders of the Hon'ble Apex Court and relevant Government Orders as illegal, arbitrary and unconstitutional consequently direct the respondents to reinduct the petitioners into service along with consequential benefits in the interest of justice and to pass IA NO: 1 OF 2017(WPMP 46822 OF 2017 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 issue a direction to the respondents to reinduct the petitioners in service and continue 4 them till they attains the age of 60 years or otherwise to pay the salaries to the petitioners for the period between 58 to 60 years of age in accordance with provisions of Act 4 dated 27-06-2014 pending disposal of the Writ Petition and to pass Counsel for the Petitioner(S): 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1. 70071/GP FOR YOUTH & CULTURE (SER.) 2. GP FOR FINANCE PLANNING (AP) 5 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.37709 of 2017 ORDER: This writ petition is filed seeking the following main prayer: “…to issue appropriate Writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not reinducting the petitioners in service by treating their services as continuous in view of the orders of the Hon'ble Apex Court and relevant Government Orders as illegal, arbitrary and unconstitutional consequently direct the respondents to reinduct the petitioners into service along with consequential benefits …” 2. Heard arguments of Sri Narra Srinivasa Rao, learned counsel for the petitioners and learned Assistant Government Pleader for Tourism who is also representing the Andhra Pradesh Society for Training and Employment Promotion (APSTEP). 3. The learned counsel for the petitioners submits that all the petitioners herein are working in different cadres in the A.P.Society. Hereinafter, for the sake of brevity, referred to as “APSTEP ”. In fact, “APSTEP” comes under Article 12 of the Constitution of India. It has also been listed as one of the institution in Schedule IX of the A.P. Reorganization Act, 2014. 4. The learned counsel for the petitioners further submits that the Government of Andhra Pradesh has taken an administrative policy decision to 6 enhance the age of superannuation of the employees from 58 years to 60 years with effect from 02.06.2014, thereby issued G.O.Ms.No.138 dated 08.08.2017, Finance (HR.IV-FR) Department. The learned counsel submits that, vide G.O.Ms.No.138, dated 08.08.2017, the Government of Andhra Pradesh has accorded in-principle approval to enhance the age of superannuation to 60 years to the employees, who are working in IX and X schedule institutions, subject to the condition that corporations /societies shall amend their relevant regulations/Bye -laws accordingly. 5. The learned counsel for the petitioners also brought to the notice of this Court regarding the enhancement of age of employees towards superannuation orders passed by the Hon’ble Apex Court in Civil Appeal Nos.10273 of 2017 and batch, wherein the Hon’ble Supreme Court of India after taking into consideration the subsequent events, pleased to pass the following orders on 09.08.2017. “8. Be that as it may, learned counsel appearing for the State of Andhra Pradesh has today brought to our notice an order dated 08.08.2017 issued the Government of Andhra Pradesh whereby such employees have been granted the benefit of continuance up to 60 years of age. It has been ordered that the "said order dated 8.8.2017 shall come into force with effect from 02.06.2014" 9. In that view of the matter, we do not think it necessary to retain these appeals in this Court any further. The stand of the Government is very clear. The Government Order dated 08.08.2017 permitting the employees to continue up to the age of 60 years has come into 7 effect with effect from 2.6.2014. Therefore, all employees who have superannuated on account of attainment of age of 58 years on 02.06.2014 or thereafter are entitled to the protection of their service up to 60 years of age and naturally to all consequential benefits arising therefrom. 10. The appeals are, accordingly, disposed of.” 6. The learned counsel for the petitioners further submits that the 1st respondent by taking into account all the aspects, issued G.O.Ms.No.5 dated 04.06.2020,Youth Advancement Tourism and Culture (Sps., & Ys) Department, where under the 1st Respondent - Government extended the benefit of the enhancement of age of superannuation from 58 to 60 years to the employees of APSTEP and District Society for Training and Employment Promotion (DSsTEP) working in entire Andhra Pradesh state and permitting to reinstate the employees who retired on completion of 58 years of age and who have left over service to attain 60 years of age as on date, duly amending the Service Rule No. 22 and 27 of District SsTEP and APSTEP, subject to the condition to place the matter before the next managing committee meeting of APSTEP for the purpose of ratification. 7. 7. The learned counsel for the petitioners submits that, in similar facts and circumstances, this court in respect of APSTEP employees only passed common orders in W.P.No.30151 of 2018 and batch on 25.04.2025 and the instant case is also covers under the orders dated 25.04.2025 in W.P.No.30151 of 2018 and batch. 8 8. The learned Assistant Government Pleader for Tourism, who is also representing the APSTEP, not disputed the same. 9. Therefore, by taking into consideration of all the above facts and circumstances, in view of the Hon’ble Apex Court Orders dated 09.08.2017 and by following the orders dated 25.04.2025 in W.P.No.30151 of 2018 and batch, the present writ petition is allowed and the petitioners are eligible to get their service along with the consequential benefits till they attain the age of 60 years, if not already paid to them. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. ___________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date:31.12.2025 RNS/ Dvs 9 209 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.37709 of 2017 Date:31.12.2025 RNS/ Dvs