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High Court of Andhra Pradesh · body

2025 DAILYLAW 4398 (AP)

N, Vijaya Kumari W/o M. Ravindra Prasad Babu, v. The State of Andhra Pradesh rep. by its Principal Secretary,

WP/17869/2017 · 2025-07-10

Maheswara Rao Kuncheam

body2025

Judgment text

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1 APHC010128172017 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 SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17869 OF 2017 Between: 1. N.Vijaya Kumari, W/o.M. Ravindra Prasad Babu, Aged 58 years, Occ: A.M. General, R/o Flat No.312, Nanda Apartment, S. Ibrahimpatnam, Vijayawada, Krishna District, Andhra Pradesh State. ...Petitioner AND 1. The State of Andhra Pradesh rep by its Principal Secretary, Civil Supplies Department, A.P. Secretariat, Velagapudi, Amaravathi Guntur District. 2. A.P.State Civil Supplies Corporation Limited, Regd Office, at 6-3-655/1/A, Civil Supplies Bhavan, Somajiguda, Hyderabad-500 082, represented by its Vice Chairman and Managing Director 3. The Commissioner of Civil Supplies and E.O. Secretary to Government of A.P. Consumer Affairs, Food and Civil Supplies Department, Regd.Office at 6-3-655/1/A, Civil Supplies Bhavan, Somajiguda, Hyderabad 4. The State of Telangana rep by its Chief Secretary to Government Of Telangana, Secretariat, Hyderabad 5. Union of India Ministry of Personnel PG Pensions, Department Of Personnel & Training, State Reorganization Division, Rep. by its Secretary to Government of India, 3rd Floor, Lok Nayak Bhavan, Khan Market, New Delhi. ...Respondents 2 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 i) declare that the Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.189 (5), dated 08.12.2015 keeping the Board of Directors Resolution No.185 (7) in abeyance is illegal, arbitrary and unjust and consequently set aside the same ii) declare that the petitioner is entitled to continue in service till she attains the age superannuation of 60 years in terms of Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.185 (7), dated 5.1.2015 and in terms of Section 3 of the A.P. Public Employees (Regulation of Age of Superannuation) (Amendment) Act, 2014 and (iii) consequently direct the respondents to continue the petitioner in service till she attains the age of superannuation of 60 years with all consequential benefits and to pass Counsel for the Petitioner: K JAYASREE Counsel for the Respondents: GP FOR CIVIL SUPPLIES (DEPUTY SOLICITOR GENERAL) Counsel for the Respondents: GP FOR CIVIL SUPPLIES (AP) The Court made the following order: 3 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.17869 of 2017 ORDER: The instant writ petition has been filed by the petitioner under Article 226 of Constitution of India, seeking the following main relief: “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus i) declare that the Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.189 (5), dated 08.12.2015 keeping the Board of Directors Resolution No.185 (7) in abeyance as illegal, arbitrary and unjust and consequently set aside the same ii) declare that the petitioner is entitled to continue in service till she attains the age superannuation of 60 years in terms of Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.185 (7), dated 5.1.2015 and in terms of Section 3 of the A.P. Public Employees (Regulation of Age of Superannuation) (Amendment) Act, 2014 and (iii) consequently direct the respondents to continue the petitioner in service till she attains the age of superannuation of 60 years with all consequential benefits and to pass ….” 2. The sum and substance of the writ petition is that the petitioner is seeking to continue her services up to the age of 60 years in the respondents Corporation. 3. This Court on 06.06.2017 passed the following interim order: “The issue is of continuation of service of petitioners, till they attain the age of 60 years. The matter was considered by the Supreme Court on 05.05.2017 in SLP (C) No.14699-14702/2017 and the following order was passed: The learned senior counsel appearing for the petitioner submits that the petitioners are similarly situated persons as in 4 SLP(C)No.13623 of 2017 and they are also working under the institutions promoted by the State Government. In view of the above submission, issue notice. Until further orders, the superannuation in the case of employees on attaining the age of 58 years in the respondent- institutions shall be deferred. Needless to say that in case any employee has retired only on the ground of attaining the age of 58 years, such employees shall be reinstated and continued in service until further orders, but in no case, beyond 60 years. We also make it clear that this order will apply to all similarly situated employees under the respondent-institutions whether they are the petitioners before this Court or not, and therefore, those similarly situated persons need not travel to this Court” 4. Today, when the matter is taken up for hearing, none appeared for the petitioner. 5. Per contra, Mr.Md.Saleem, the learned Standing Counsel appearing for the respondents submits that in view of interim orders passed by this Court, the petitioner was continued in service up to the superannuation age of 60 years. Thus, the cause in the writ petition does not survive for further adjudication. 6. Recording the said submission made by the learned Standing Counsel, the instant writ petition is closed. However, this order will not preclude the petitioner from taking recourse to law as permissible, if so advised. 5 There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date: 11.07.2025 Rns 6 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.17869 of 2017 Date:11.07.2025 Rns