IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Nos: 30151 OF 2018. 3465 OF 2021 AND 3104 OF 2021 WRIT PETITION NO: 30151 OF 2018 Between: Venkata Ratnam, S/o. late Dasaiah, aged about 58 years, Occu. working as Accountant, STEP - SWASAKTHI, Collector Bunglow Road, 0pp. R & B Guest House, Guntur -522 004 (A.P.) R/o. H.No. Plot No. 503, Brundavan Fortune Apartments, No. 1/1, Udyog Nagar, Palakanuru Road, Gujjanagundia, Guntur -522 006 (AP). ...PETITIONER AND 1. The State of Andhra Pradesh, rep. by its Special Chief Secretary, Government of A.P., Youth Advancement, Tourism and Culture Department, Secretariat Buildings, Velagapudi, Guntur-522 503. Andhra Pradesh. 2. A.P. Society for Training and Employment (APSTEP), A wholly owned undertaking of the Government of Andhra Pradesh, Door No. 39-2-19- A/12, APSEB City Centre Colony, Beside MVR Mall Lane, Labbipeta, Vijayawada-520010. Krishna Dist. rep. by its Managing Director. 3. The Chairman and Dist. Collector, Society for Training and Employment Promotion, SWASAKTHI, A wholly owned undertaking of Govt, of Andhra Pradesh , Collectorate, GUNTUR -522 004 (A.P.) 4. Society for Training and Employment Promotion, SWASAKTHI, A wholly owned undertaking of Govt, of Andhra Pradesh with its office at Collector Bunglow Road, Opp . R and B Guest House, GUNTUR -522 004 (A.P.) rep. by its Chief Executive Officer. ...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 call for the records and to issue orders, direction or Writ •X more particularly in the nature of Writ of Mandamus for declaration declaring that the resolution of the Managing Committee of the Respondent No. 2 society in their meeting held on 12.07.2017 deciding not to enhance the age of superannuation of the employees of the APSTEP and STEP from (58) to (60) years as enhanced by Government in the case of Government employees is illegal, arbitrary, discriminatory, and violation of the Articles No. 14, 16 and 21 of the Constitution of India and violation of the principles of Natural Justice and hence set aside the same and consequently direct the respondents to grant the benefit of enhanced age of superannuation of (60) years to the petitioner in compliance with the orders issued vide GO Ms No. 138 Finance (HR.IV-FR) Department Dated 08.08.2017 read with the orders dated 09.08.2017 of the Honorable Supreme Court in Civil Appeal No. 10273 of 2017 and Batch in the matter of A. Veerraju and others Vs. State of Andhra Pradesh and others and pass such other further order o orders as may be just in the interests of Law, Justice and Equity to avoid unwarranted damage , heavy and irreparable loss and injury to him. lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass interim orders of suspension of the impugned orders vide Memo No. 1443/APSTEP/Admn/2014 dated 08-01-2018 issued by the respondent No.2 enabling him to continue in service till he attains the age (60) years, pending disposal of the main writ petition. Counsel for the Petitioner: SRI SRINIVASA RAO NARRA Counsel for the Respondent No.1 : GP FOR TOURISM Counsel for the Respondent Nos.2 to 4 : SRI GANGULA ASHOK KUMAR REDDY, SC FOR APSTET / / WRIT PETITION NO: 3465 OF 2021 Between: Venkata Ratnam, S/o. late Dasaiah, Aged about 61 years, Occu; Accountant, S.T.E.P. - SWASAKTHI, R/o. H.No. Plot No. 503, Brundavan Fortune Apartments, 1/1, Udyog Nagar, Palakanuru Road, Gujjanagundia, Guntur, Andhra Pradesh, PIN-522 006. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Youth Advancement, Tourism & Culture Department, Secretariat Buildings, Velagapudi, Guntur, Andhra Pradesh, PIN-522503. The State of Andhra Pradesh, Rep. by its secretary. Department of Finance, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh, PIN-522 503. A.P. Society for Training and Employment Promotion (APSTEP), Rep. by its Managing Director. (A wholly owned undertaking of Govt of A.P) Door No. 39-2-19-A/12, APSEB City Centre Colony, Beside MVR Mall Lane, Labbipet, Vijayawada, Krishna District, Andhra Pradesh PIN- 520010. The Chairman and District Collector, Society for Training & Employment Promotion, SWASAKTFII, (A wholly owned undertaking of Govt, of A.P), Collectorate, Guntur, Guntur District, Andhra Pradesh, PIN-522004. Society for Training and Employment Promotion, Rep. by its Chief Executive Officer, Promotion, SWASAKTFII, (A wholly owned undertaking of Govt, of A.P.) With it's office at Collector Bungalow Road, Opp - R & B Guest Flouse, Guntur District, Andhra Pradesh, PIN- 522 004. 2. 3. 4. 5. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh Court may be pleased to issue any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of Respondents in not giving salary and allowances to the petitioner for a period of dated 01.10.2018 to 04.06.2020 i.e. 20 months 4 day after his continuation of Service by way of G.O.Ms.No.138 and direct the Respondent Authorities to pay the salary, allowances. Pay fixation, enhancement of salary and other 7 / .r- attendant benefits accrued thereon after continuation of the service of the petitioner for the super annuation age of 58 to 60 years. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent Authorities pay the and allowances pertaining to the period from dated 01.10.2018 to 04.06.2020 i.e. 22 months, 4 days for the super annuation age of 58 to 60 years to the petitioner as an interim measure pending disposal of the above writ petition. Counsel for the Petitioner : SRI SRINIVASA RAO NARRA Counsel for the Respondent No.1 : GP FOR TOURISM Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 to 5 : SRI GANGULA ASHOK KUMAR REDDY, SC FOR APSTET WRIT PETITION NO: 3104 OF 2021 Between: M.V.S.V.B. Acharyulu, S/o. late Nanda Gopalam, Aged about 61 years, Occ; worked as Instructor, STEP - SWASAKTHI, Collector Bunglow Road, Opp - R&B Guest House, GUNTUR - 522 004 (A.P.) R/o. H.No. 8-12-44/21, Nehru Nagar, 8 Line, Beside Vekateswara Concept School, Guntur, Andhra Pradesh, PIN-522001. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Youth Advancement, Tourism and Culture Department, Secretariat Buildings Velagapudi, Guntur, Andhra Pradesh, PIN-522503. 2. The State of Andhra Pradesh, Rep. by its secretary. Department of Finance, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh, PIN-522 503. 3. A.P. Society for Training and Employment Promotion (APSTEP), Rep. by its Managing Director. (A wholly owned undertaking of Govt of A.P) Door No. 39-2-19-A/12, APSEB City Centre Colony, Beside MVR Mall / ( ' Lane, Labbipet, Vijayawada, Krishna District, Andhra Pradesh PIN- 520010. The Chairman and District Collector, Society for Training and Employment Promotion, SWASAKTHI, (A wholly owned undertaking of Govt, of A.P), Collectorate, Guntur, Guntur District, Andhra Pradesh, PIN-522004. Society for Training and Employment Promotion, Rep. by its Chief Executive Officer, Promotion, SWASAKTHI, (A wholly owned undertaking of Govt, of A.P.) With it's office at Collector Bungalow Road, Opp - Rand B Guest House, Guntur District, Andhra Pradesh, PIN- 522 004. 4. 5. ...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 any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of Respondents without giving salary and allowances to the petitioner for a period of dated 01.08.2018 to 04.06.2020 i.e. 22 months 4 days is highly illegal, improper, unjust, arbitrary, against the principles of natural justice and in violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent authority to pay the salary, allowances. Pay fixation, enhancement of salary and other attendant benefits accrued thereon after continuation of the service of the petitioner for the super annuation age of 58 to 60 years. lA NO: 1 OF 2021 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 direct the respondents Authorities to pay and allowances pertaining to the period from 01.08.2018 to 04.06.2020 i.e. 22 months, 4 days for the super Annuation age of 58 to 60 years to the petitioner as an interim measure pending disposal of the above writ petition. Counsel for the Petitioner: SRI SRINIVASA RAO NARRA Counsel for the Respondent No.1 : GP FOR TOURISM Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 to 5 : SRI GANGULA ASHOK KUMAR REDDY, SC FOR APSTET / The Court made the following: COMMON ORDER APHC010627422018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION Nos. 30151/2018, 3465/2021 & 3104/2021 Writ Petition No.30151 of 2018: Between: 1.VENKATA RATNAM, S/0 LATE DASAIAH, AGED ABOUT 58 YEARS OCCU. WORKING AS . ACCOUNTANT, STEP COLLECTOR BUNGLOW ROAD, OPP. R AND B GUEST HOUSE, GUNTUR -522 004 (A.P.) R/O H.NO. PLOT NO. 503, BRUNDAVAN FORTUNE APARTMENTS, NO. 1/1, UDYOG NAGAR, PALAKANURU ROAD, GUJJANAGUNDLA, GUNTUR -522 006 (AP). SWASAKTHI, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, GOVERNMENT OF A.P., YOUTH ADVANCEMENT, TOURISM AND CULTURE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR-522 503. ANDHRA PRADESH. 2.A P SOCIETY FOR TRAINING AND EMPLOYMENT APSTEP, A WHOLLY OWNED UNDERTAKING OF THE GOVERNMENT OF ANDHRA PRADESH, DOOR NO. 39-2-19-A/12, APSEB CITY CENTRE COLONY, BESIDE MVR MALL LANE, LABBIPETA, VIJAYAWADA- 520010. KRISHNA DIST. REP BY ITS MANAGING DIRECTOR. 3.THE CHAIRMAN AND DIST COLLECTOR, SOCIETY FOR TRAINING A WHOLLY AND EMPLOYMENT PROMOTION, SWASAKTHI OWNED UNDERTAKING OF GOVT. OF ANDHRA PRADESH , COLLECTORATE, GUNTUR -522 004 (A.P.) 4.SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, SWASAKTHI, A WHOLLY OWNED UNDERTAKING OF GOVT. OF ANDHRA PRADESH WITH ITS OFFICE AT COLLECTOR BUNGLOW ROAD, OPP . R AND B GUEST HOUSE, GUNTUR -522 004 (A.P.) REP. BY ITS CHIEF EXECUTIVE OFFICER ...RESPONDENT(S): T • 2 Writ Petition No.3465 of 2021: Between: 1.VENKATA RATNAM, S/0 LATE DASAlAH, AGED ABOUT 61 YEARS OCCU- ACCOUNTANT, S.T.E.P., - SWASAKTHI R/0 H.NO. PLOT NO. 503, BRUNDAVAN FORTUNE APARTMENTS, 1/1, UDYOG NAGAR, PAAKANURU ROAD, GUJJANAGUNDLA, GUNTUR ANDHRA PRADESH, PIN-522 006. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL YOUTH ADVANCEMENT, TOURISM 86 CULTURE SECRETARIAT BUILDINGS, VEAGAPUDI SECRETARY, DEPARTMENT, GUNTUR, ANDHRA PRADESH, PIN-522503. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY DEPARTMENT OF FINANCE, SECRETARIAT BUILDINGs’ VEAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH PIN-522 503. 3.A P SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION APSTEP, REP. BY ITS MANAGING DIRECTOR. (A WHOLLY OWNED UNDERTAKING OF GOVT OF A.P) DOOR NO. 39-2-19-A/12, APSEB CITY CENTRE COLONY, BESIDE MVR MALL ANE ABBIPET VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH PIN- 520010. 4.THE CHAIRMAN AND DISTRICT COLLECTOR, SOCIETY FOR TRAINING 86 EMPLOYMENT PROMOTION, SWASAKTHI WHOLLY OWNED UNDERTAKING COLLECTORATE, GUNTUR, PRADESH, PIN-522004. 5. SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION REP. BY ITS CHIEF EXECUTIVE OFFICER, PROMOTION, SWASAKTHI (A WHOLLY OWNED UNDERTAKING OF GOVT. OF A.P.) WITH IT’S OFFICE AT COLLECTOR BUNGALOW ROAD, OPP - R AND B GUEST HOUSE, GUNTUR DISTRICT, ANDHRA PRADESH, PIN- 522 ...RESPONDENT(S): (A OF GOVT. OF A.P), GUNTUR DISTRICT, ANDHRA 004. Writ Petition No.3104 of 2021: Between: I.M.V.S.V.B. ACHARYULU, S/0. LATE NANDA GOPALAM AGED ABOUT 61 YEARS SWASAKTHI, OCC- WORKED AS INSTRUCTOR, STEP - COLLECTOR BUNGLOW ROAD, OPP - RANDB GUEST HOUSE, GUNTUR - 522 004 (A.P.) R/0. H.NO. 8-12-44/21 NEHRU NAGAR, 8 LINE, BE$IDE VEKATESWARA CONCEPT SCHOOL, GUNTUR, ANDHRA PRADESH, PIN-522001. ...PETITIONER 3 AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, YOUTH ADVANCEMENT, TOURISM AND CULTURE DEPARTMENT, GUNTUR, ANDHRA PRADESH, PIN-522503. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, DEPARTMENT OF FINANCE VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH, PIN-522 SECRETARIAT BUILDINGS, VELAGAPUDI SECRETARIAT BUILDINGS 503. 3.A P SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION APSTEP, REP. BY ITS MANAGING DIRECTOR. (A WHOLLY OWNED UNDERTAKING OF GOVT OF A.P) DOOR NO. 39-2-19-A/12, APSEB CITY CENTRE COLONY, BESIDE MVR MALL LANE, LABBIPET, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH PIN- 520010. 4.THE CHAIRMAN AND DISTRICT COLLECTOR, SOCIETY FOR TRAINING ANDEMPLOYMENT PROMOTION, SWASAKTHI, (A WHOLLY OWNED UNDERTAKING OF GOVT. OF A.P), COLLECTORATE, GUNTURw GUNTUR DISTRICT, ANDHRA PRADESH, PIN-522004. 5.SOCIETY FOR TRAINING AMD EMPLOYMENT PROMOTION, REP. BY ITS CHIEF EXECUTIVE OFFICER, PROMOTION, SWASAKTHI, (A WHOLLY OWNED UNDERTAKING OF GOVT. OF A.P.) WITH IT'S OFFICE AT COLLECTOR BUNGALOW ROAD, OPP - RAND B GUEST HOUSE, GUNTUR DiSfRICT, ANDHRA PRADESH, PIN- 522 ... -V.: 004. ...RESPONDENT(S): Counsel for the Petitioners: 1.SRINIVASA RAO NARRA Counsel for the Respondent(S): 1.GP FOR TOURISM(AP) A ^ 2.GANGULA ASHOK KUMAR REDDY (SC FOR APSTEP) The Court made the following: COMMON ORDER: Writ Petition No.30151 of 2018 is filed under Article 226 of Constitution of India with the following prayer for: “.... a Writ of Mandamus, declaring that the resolution of the Managing Committee of the Respondent No. 2 society in their meeting held on 12.07.2017 deciding not to enhance the age of superannuation of the employees of the APSTEP and STEP from ^ V - 4 (58) to (60) years as enhanced by Government in the case of Government employees is illegal, arbitrary, discriminatory, and violation of the Articles No. 14, 16 and 21 of the Constitution of India and violation of the principles of Natural Justice and hence set aside the same and consequently direct the respondents to grant the benefit of enhanced age of superannuation of (60) years to the petitioner in compliance with the orders issued vide GO Ms No. 138 Finance (HR.IV-FR) Department Dated 08.08.2017 read with the orders dated 09.08.2017 of the Honourable Supreme Court in Civil Appeal No. 10273 of 2017 and Batch In the matter of A. Veerraju and others Vs. State of Andhra Pradesh and others and pass such other further order o orders as may be just in the interests of Law, Justice and Equity to avoid unwarranted damage , heavy and irreparable loss and injury to him.” Writ Petition No.3465 of 2021 is filed under Article 226 of Constitution of India with the following prayer for; a Writ of Mandamus, declaring tfje action of Respondents in not giving salary and allowances to the petitioner for a period of dated 01.10.2018 to 04.06.2020 i.e. 20 months 4 day after his continuation of Service by way of G.O.Ms.No.138 and direct the Respondent Authorities to pay the salary, allowances, pay fixation, enhancement of salary and other attendant benefits accrued thereon after continuation of the service of the petitioner for the superannuation age of 58 to 60 years. ” Writ Petition No.3104 of 2021 is filed under Article 226 of Constitution of India with the following prayer for: a Writ of Mandamus, declaring the action of Respondents without giving salary and allowances to the petitioner for a period of dated 01.08.2018 to 04.06.2020 i.e. 22 months 4 days is highly Illegal, improper, unjust, arbitrary, against the principles of natural justice and in violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent authority to pay the salary, allowances, Pay fixation, enhancement of salary and other attendant benefits accrued thereon after continuation of the service of the petitioner for the superannuation age of 58 to 60 years. ” 2. Heard Sri Srinivasa Rao Narra, learned counsel for the Petitioners, learned Government Pleader for Tourism and Sri Gangula Ashok Reddy, learned Standing Counsel for APSTEP. Kumar 5 3. Learned counsel for the Petitioners would submit that the Petitioners are the employees of A.P.Society for Training and Employment (APSTEP), which is a Society under Schedule-IX. Learned counsel would further submit that, when the Petitioners reached the age of 58 years, Government have taken step to enhance the age of superannuation from 58 years to 60 years w.e.f.02.06.2014 and issued G.O.Ms.No.138, dated 08.08.2017 accordingly. Whereas, the Managing Committee of APSTEP in their meeting on 12.07.2017 decided not to enhance the age of superannuation of the employees of APSTEP on par with the.Government employees. Learned counsel would submit that. Civil Appeals were preferred before the Hon’ble Supreme Court in Civil Appeal Nos. 10273 of 2017 and Batch, wherein it held that all the employees are entitled to the protection of their service up to 60 years and to all consequential benefits. Learned counsel would further submit that. Respondent No.3-Society is falling under Schedule IX. submitted that a memo has been filed by Respondent No.3 along with G.O.Ms.No.25, Youth Advancement Tourism & Culture (Sports & YS) Department, dated 29.11.2017, wherein, the Government have decided to t' / .■ extend the benefit of enhancement of the age of superannuation from 58 years to 60 years to the employees of Sports Authority of Andhra Pradesh working in the state of Andhra Pradesh and permitting to reinstate the employees, who retired on completion of 58 years for their left was It is \ over service up to 60 years by duly amending the Service Rules, but subject to a condition to 6 place the matter before the next Managing Committee Meeting for taking steps for circulation of the Order. Learned Assistant Government Pleader for Tourism representing Respondent No.1 and the learned Standing Counsel for APSTEP would submit that the Court may pass appropriate orders, in the light of G.O.Ms.No.25. 4. The fact remains is that, in the light of G.O.Ms.No.138, dated 08.08.2017 coupled with the judgment of the Hon’ble Apex Court referred to supra, and G.O.Ms.No.25, which is exclusively meant for the Society, which is the employer of the Petitioners, passing of resolution by the Managing Committee may be a formality. Considering the above submissions, the Writ Petitions are allowed and the Petitioners are entitled for superannuation till 60 years with all consequential benefits. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand Sd/- G HELA NAIDU REGISTRAR SECtfOtJ OFFICER 5. 6. closed. ASSIST //TRUE COPY// To, 1 ThP 9npcial Chief Secretary, Government of A.P., Youth Ad\^ncement Tourism and Culture Department, State Andhra Pradesh, Secretaria Buildings, Velagapudi, Guntur-522 503. Andhra Pradesh. 9 ThP Manaoino Director A.P. Society for Training and Ennployment (APSTEP) A wholly owned undertaking of the Government of Andhra Pradesh Door No. 39-2-19-A/12, APSEB City Centre Colony Beside MVR Mall Lane, Labbipeta, Vijayawada-520010. Krishna Dist. 3. The Chairman and Dist. Collector, Society for Tr^ning Empbyment Promotion, SWASAKTHI, A wholly owned ondertakmg of Govt, of Andhra Pradesh , Collectorate, GUNTUR -522 004 (A.P.) 4. The Chief Executive Officer, Society for Training and Employment Promotion, SWASAKTHI, A wholly owned undertaking of Govt, of Andhra Pradesh with its office at Collector Bunglow Road, Opp . R & B Guest House, GUNTUR -522 004 (A.P.). 5. The Secretary, State of Andhra Pradesh, Department of Finance, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh, PIN-522 503. 6. One CC to Sri Srinivasa Rao Narra, Advocate [OPUC] 7. Two CCs to GP for Tourism, High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh. [OUT] 9. One CC to Sri Gangula Ashok Kumar Reddy, SC for APSTEP (OPUC) lO.Three C.D. Copies. Cnr HIGH COURT CNR DATED:25/04/2025 COMMON ORDER WP.Nos.30151 of 2018, 3465 of 2021 & 3104 of 2021 ALLOWING THE W.Ps WITHOUT COSTS