IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATJ (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE 9.^ ■>® s 3 !‘ C O * PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17171 OF 2017 Between: 1. lyi. Chinnaiah, S/o. M. Ramaiah, aged about 58 years, Occ: Assistant Executive Engineer Andhra Pradesh Education And Infrastructure Development Corporation, Chittoor District. 2. K.Nirmala Babu S/o Nageswara Rao, aged about 58 years, Occ- Assistant Executive Engineer Andhra Pradesh Education And Welfare Infrastructure Development Corporation, Guntur, Guntur District. 3. P.V.Raghavendra Sainath S/o P.V.Raghava Rao, aged about 58 years working as Deputy Executive Engineer Andhra Pradesh Education And yVelfare Infrastructure Development Corporation, Nellore Division Nellore. Welfare ...Petitioners AND 1. The state of Andhra Pradesh, rep. by its Principal Secretary, School Education Department, Velagapudi, Guntur. District. Managirig Director, Andhra. Pradesh, Education and Welfare Infrastructure Development Corporation, Head Office Vijayawada. 3. The Executive Engineer Andhra Pradesh Education Infrastructure Development Corporation, Chittoor District. 4. The Executive Engineer Andhra Pradesh Education and Welfare Infrastructure Development Corporation, Guntur District. 5. The Executive Engineer Andhra Pradesh Education Infrastructure Development Corporation, Nellore District. and Welfare and Welfare ...Respondents 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 7 / y in the nature of Writ of Mandamus declaring the action of the Respondents ry^ to retire the petitioners at the age of 58 years instead of 60 years is contrary to the provisions of Act. 4 dated 27th June, 2014 and contrary to the Judgment of the Hon'ble Apex Court dated 05-05-2017, illegal, arbitrary and ultravires the Constitution of India consequently direct the Respondents to continue/ rein duct the petitioner’s upto 60 years of age in the interest of justice in t I.A. NO: 2 OF 2017(WPMP. NO: 21019 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 to issue a direction to the respondents to continue / reinduct the petitioners in service beyond 58 years of age and till they attains the age of 60 years in accordance with provisions of Act 4 dated 27-06-2014 and the resolution of respondents pending disposal of the writ petition. I.A. NO: 1 OF 2017(WVMP. NO: 2763 OF 20171 Between: 1. Vice Chairman and Managing Director, Andhra Pradesh Education and Welfare Infrastructure Corporation, Head Office, Vijayawada 2. The Executive Engineer Andhra Pradesh Education and. Welfare Infrastructure Development Corporation, Chittoor District. 3. The Executive Engineer Andhra Pradesh Education and. Welfare Infrastructure Development Corporation, Guntur District. 4. The Executive Engineer Andhra Pradesh Education and. Welfare Infrastructure Development Corporation, Nellore District. .. .Petitioners/Respondents AND 1. M. Chinnaiah, S/o. M. Ramaiah, aged about 58 years, Occ: Assistant Executive Engineer Andhra Pradesh Education And Welfare Infrastructure Development Corporation, Chittoor District. 2. K.Nirmala Babu S/o Nageswara Rao, aged about 58 years, Occ: Assistant Executive Engineer Andhra Pradesh Education And Welfare Infrastructure Developnient Corporation, Guntur, Guntur District. 3. P.V.Raghavendra Sainath S/o P.V.Raghava Rao, aged about 58 years, working as Deputy Executive Engineer Andhra Pradesh Education And Welfare Infrastructure Development Corporation, Nellore Division, Nellore. ...Respondents/Petitioners 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 orders dt.18-05-2017 WPMP.No.21019/2017 in WP. No. 17171/2017 and dismiss the WP in Counsel for the Petitioner: SRI M SHALINI Counsel for the Respondent No.1: GP FOR EDUCATION Counsel for the Respondents No.2 to 4: SRI V CH NAIDU The Court made the following: Order (AP) r APHC010650822017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY. THE TWENTY FIFTH DAY OF APRIL TWO THOUSANDAND TWENTY FIVE [3504] PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17171/2017 Between; M. Chinnaiah & 2 Others and Others ...PETITIONER(S) AND PrI Secy School Edn Dept 4 Others and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1.M SHALINI Counsel for the Respondent{S): 1.GP FOR EDUCATION (AP) 2.VCH NAIDU 3.0 The Court made the following Order: The present Writ Petition has been instituted by invoking the powers under Article 226 of the Constitution of India, seeking the following main relief;- 2 “ to issue an appropriate writ or order or direction, more particularly, one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to retire the petitioners at the age of 58 years instead of 60 years is contrary to the provisions of Act 4 dated 27th June 2014 and contrary to the Judgment of the Honble Apex Court dated 05052017 illegal arbitrary and ultra vires the Constitution of India consequently direct the Respondents to continue/reinduct the petitioners up to 60 years of age in the interest of justice and pass....” \ 2. At the time of admission, this Hon’ble Court on 18.05.2017 pleased to pass the following Interim Order: “Issue is of continuation of service till the petitioners attain the age of 60 years. The matter was considered by the Supreme Court and on 05.05.2017, the following order was passed in SLP (C) No. 14699-14702 of 2017: “The learned Senior Counsel appearing for the petitioners submits that the petitioners are similarly situated persons as in SLP (C) No.13623 of 2018 and they are also working under the institutionspromoted by the State Government. In view of the above submission, issue notice. UnitI further orders, the superannuation in the case of employees on attaining the age of 58 years, such employees shall be reinstated and i 3 continued in service until further orders, but in no case, beyond 60 years. We also made 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.” In view of the said orders of the Supreme Court, there shall be an interim direction as prayed for. ” 3. Today, when the matter is taken up for hearing, learned counsel for the petitioner as well as learned Standing Counsel for respondent Nos.2 and 3 jointly reported that by virtue of interim order dated 18.05.2017, the petitioner was retired from service long back. 4. Recording the submission of learned counsel sides, the Writ Petition is closed. No order as to costs. on both Interlocutory Applications, if any, stand closed in terms of this order. Sd/- G HELA NAIDU ASSISTANT RIEGISTRAR SECTIONDFFICER //TRUE COPY// To, 1. One CC to SRI M SHALINI Advocate [OPUC] 2. Two CCs to GP FOR EDUCATION (AP), High Court of Andhra Pradesh [OUT] 3. One CC to SRI V CH NAIDU, Advocate [OPUC] 4. Three CD Copies gsg I ® / HIGH COURT DATED: 25/04/2025 \ \ \ ORDER WP.No.17171 of 2017 ‘T.': =a 2 3 SEP 2025 J rr»ntSectioftXit CLOSING THE WP WITHOUT COSTS