IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION Nos: 18076 OF 2022, 9225 AND 10400 OF 2023 WRIT PETITION NO: 18076 OF 2022 Between: A. Sreedhar Reddy, S/o . A.Raghunatha Reddy, Aged about 59 years, Occ: Sr.Programmer Office. Andhra Pradesh Technology Services Ltd., (APTS) , R&B Building, 3^^ Floor, MG Road,Vijaywada-520010 Hno.20-98/20, Sindhu Heights, Flat no.203 Sainagar Colony Road, Shivaparvathi Nagar, Yenamalakuduru, Vijayawada-520007, Krishna Dist., AP. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep.by The Chief Secretary to Government, Government of Andhra Pradesh AP Secretariat, Amaravathi, A.P. The State of Andhra Pradesh, Rep. by it's the Principal Secretary to Government Information Technology, Electronics and Communications (ITE&C) Department, Block-4, Floor, AP Secretariat, Amaravathi, A.P. The Managing Director, Andhra Pradesh Technology Services Ltd., (APTS), R&B Building, 3^^ Floor, MG Road,Vijaywada-520010. A.P. The State of Andhra Pradesh, Rep. by the Special Chief Secretary to Government, Department of Finance (HR.VI-FR & LR), AP Secretariat, Velagapudi, Guntur District. 2. 3. 4. (Respondent No.4 impleaded as per Court Order dated.05.05.2025 vide I.A. No.4 of 2022 in WP. No.18076 of 2022) ...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 writ, order or a direction, more particularly one in the nature of writ of Mandamus by declaring the action of the respondents in issuing the proceedings No. ITC51-17021(42)/3/2019-ADMIN&HRD-APT S, dated 13.06.2022 whereby where under petitioner was asked to retire from service on the afternoon of 03.06.2022 on attaining the superannuation age of 60 years as highly illegal, arbitrary and violation of Principles of natural justice and contrary to G.O.Ms.No.15 dated 31-01-2022 and board's decision on 18.04.2022 (31.03.2022) and also violation of article 14, 16 and 21 of the Constitution of India and consequently to set aside the vide proceedings No. proceedings No. ITC51-17021(42)/3/2019- ADMIN&HRD- APTS, dated 13.06.2022 by directing the respondents to continue the petitioner's service in the Andhra Pradesh Technology Services Limited (APTS) and to continue the petitioner till attaining the age of 62 years in the interest of justice. lA NO: 1 OF 2022 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 suspend the proceedings No. ITC51-17021(42)/3/2019 - ADMIN&HRD-APTS, dated 13.06.2022, in the interest of justice. lA NO: 2 OF 2022 Between: The Managing Director, Andhra Pradesh Technology Services Ltd., (APTS) R&B Building, 3'^ Floor, MG Road,Vijaywada-520010. A.P. ...PETITIONER/RESPONDENT No.3 AND 3 1. A. Sreedhar Reddy, S/o . A.Raghunatha Reddy, Aged about 59 years, Occ; Sr.Programmer Office. Andhra Pradesh Technology Services Ltd., (APTS) , R&B Building, 3'^'^ Floor, MG Road,Vijaywada-520010 Hno.20- 98/20, Sindhu Heights, Flat no.203 Sainagar Colony Road, Shivaparvathi Nagar, Yenamalakuduru, Vijayawada-520007, Krishna Dist., AP. ...RESPONDENT/WRIT PETITIONER 2. The State of Andhra Pradesh, Rep.by The Chief Secretary to Government, Government of Andhra Pradesh AP Secretariat, Amaravathi, A.P. 3. The State of Andhra Pradesh, Rep. by it's the Principal Secretary to Government Information Technology, Electronics and Communications (ITE&C) Department, Block-4, 1®* Floor, AP Secretariat, Amaravathi, A.P. ...RESPONDENTS/RESPONDENTS 1 & 2 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 order dated 29.06.2022 in W.P.No. 18076 of 2022 and dismiss the Writ petition with costs. lA NO: 3 OF 2022 Between: The State of Andhra Pradesh, Rep. by it's the Principal Secretary to Government Information Technology, Electronics and Communications (ITE&C) Department, Block-4, 1®' Floor, AP Secretariat, Amaravathi, A.P. ...PETITIONERS/RESPONDENTS AND 1. A. Sreedhar Reddy, S/o . A.Raghunatha Reddy, Aged about 59 years, Occ: Sr.Programmer Office. Andhra Pradesh Technology Services Ltd., (APTS), R&B Building, 3'"'^ Floor, MG Road,Vijaywada-520010 Hno.20- 98/20, Sindhu Heights, Flat no.203 Sainagar Colony Road, Shivaparvathi Nagar, Yenamalakuduru, Vijayawada-520007, Krishna Dist., AP. ...RESPONDENT/PETITIONER h- 2. The State of Andhra Pradesh, Rep.by The Chief Secretary to Government, Government of Andhra Pradesh AP Secretariat, Amaravathi, A.P. 3. The Managing Director, Andhra Pradesh Technology Services Ltd., (APTS), R&B Building, 3^^^ Floor, MG Road,Vijaywada-520010. A.P. ...RESPONDENTS 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 dated 29-06-2022 passed in lA 1/2022 in WP. 18076/2022 and dismiss the WP. lA 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 to permission to file reply affidavit filed by the 2^"^ respondent behalf of the 1®* Respondent in WP.No. 18076/2022 in the interest of justice on- lA 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 to permission to file reply affidavit filed by the 2""* respondent in WP.No. 18076/2022 in the interest of justice. lA NO: 3 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 to modify the order dated 29.06.2022 in WP No. 18076 of 2022 I.A. No.1 of 2022 WP No.32141 of 2022, pending disposal of writ petition. as 1 lA NO: 1 OF 2024 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 3'^'^ respondent for granting the salary including regular pay and allowance to the petitioner for the services rendered from 01-07- 2022 to 30-06-2024. Counsel for the Petitioner: SRI K. GANI REDDY Counsel for the Respondent Nos.1 & 2 : GP FOR SERVICES I Counsel for the Respondent No.3 : SRI PRAKASH BUDDARAPU, SC FOR AP TECHNOLOGY SERVICE LTD. Counsel for the Respondent No.3 : SRI HARINATH REDDY SOMA Counsel for the Respondent No.4 : WRIT PETITION NO: 9225 OF 2023 Between: Parchuru Venkateswara Rao, S/o. Late. Paruchuru Satyanarayana Aged about 60 years, Occ: Associate Programmer Office Andhra Pradesh Technology Services Ltd., (APTS) R & B Building, 3^^^ Floor, MG Road, Vijayawada-520010, Krishna District, Andhra Pradesh Residence 1-1/5, Plot No. 103, Street Ramshankar Nagar,Ramanthapur Hyderabad, Telangana 500013. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its the Principal Secretary to Government Finance Department AP Secretariat, Block-2, 1^' Floor, Room no.287 Velagapudi, Amaravathi, Guntur District, A.P. - 522238 2. The State of Andhra Pradesh, Rep. by it's the Principal Secretary to Government Information Technology, Electronics & Communications (ITE & C) Department AP Secretariat, 4^'^ Block, 1®' Floor, Room no.214 Velagapudi, Amaravathi, Guntur Dist. A.P. - 522238 i 3. The Andhra Pradesh Technology Services Ltd., (APTS) Rep. by it's the Managing Director, R & B Building, 3^"^ Floor, MG Road, Vijayawada- 520010 Krishna District, A.P, - 520010. ...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 an order, writ or direction, more particularly one in the nature of writ of Mandamus declaring the action of the Respondent No.3 in issuing the proceedings vide Rc.no. APTS/HRD/662/PVRAO/SVS/2015- 16, Dt. 31.10.2022 informing that the petitioner will be retiring from O/o the APTS (Respondent no.3) on 30.04.2023 on attaining the age of superannuation i.e. 60 years as on 30.04.2023, in pursuance of the circular memo no. 1813129/FIN01-HR/212/2022-HR-IV, Dt.23.09.2022 issued by 1®‘ respondent, being illegal arbitrary contrary to the G.O.Ms.No.15, Finance (HR-IV FRAND LR) Department, Dt.31.01.2022 issued by respondent no.2 and also in violation of Articles 14, 21 and 309 of the Constitution of India and consequently direct the respondents to continue the petitioner Associate Programmer under 3"'^ respondent (i.e. O/o the Managing Director, AP Technology Services Ltd, Vijayawada, Krishna District,) till he attaining the age of 62 years by set aside the proceedings Rc.no. APTS/HRD/662/PVRAO/SVS/2015-16, Dt. 31.10.2022 of 3^^^ respondent to be to retire on 30.04.2023 on attaining the age of superannuation i.e. 60 years as on 30.04.2023 in pursuance of the circular memo no. 1813129/FI N01- HR/212/2022-11R-IV, Dt.23.09.2022 issued by 1®‘ respondent, without any break’ with all consequential attendant benefits including regular pay and allowances. as lA NO: 1 OF 2023 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 No.3 to continue the petitionerin service 1- i till he attaining the age of superannuation i.e. upto 62 years i.e. upto 30.04.2025 without any break and with all consequential attendant benefits including regular pay and allowances, by suspending the impugned proceedings Rc.no. APTS/HRD/662/PVRAO/SVS/2015-16, Dt. 31.10.2022 and also the circular memo no. 1813129/FIN01-HR/212/2022-HR-IV, Dt.23.09.2022 of Finance Department. lA NO: 2 OF 2023 Between: The State of Andhra Pradesh, Rep. by it's the Principal Secretary to Government Information Technology, Electronics & Communications (ITE & C) Department AP Secretariat, 4*^ Block, 1®* Floor, Room no.214, Velagapudi, Amaravathi, Guntur Dist. A.P. - 522238. ...PETITIONERS/RESPONDENTS AND 1. Parchuru Venkateswara Rao, S/o. Late. Paruchuru Satyanarayana Aged about 60 years, Occ; Associate Programmer Office Andhra Pradesh Technology Services Ltd., (APTS) R & B Building, 3'"^ Floor, MG Road, Vijayawada-520010, Krishna District, Andhra Pradesh Residence 1-1/5, Plot No. 103, 4*'' Street Ramshankar Nagar, Ramanthapur Hyderabad, Telangana 500013. ...RESPONDENT/PETITIONER 1. The State of Andhra Pradesh, Rep. by its the Principal Secretary to Government Finance Department AP Secretariat, Block-2, 1®' Floor, Room no.287 Velagapudi, Amaravathi, Guntur District, A.P. - 522238 2. The Andhra Pradesh Technology Services Ltd., (APTS) Rep. by it's the Managing Director, R & B Building, 3'"^ Floor, MG Road, Vijayawada- 520010 Krishna District, A.P, - 520010. ...RESPONDENTS/RESPONDENTS 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 passed in I.A.No.1 of 2023 in W.P.No.9225 of 2023 and dismiss the above W.P as devoid of merits. 8 1 lA NO: 1 OF 2024 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 respondent to continue the petitioner in services till attaining the age of superannuation 62 years i.e. upto 30.04.2025 by paying with all consequential and attendant benefits including regular pay and allowances i.e. Dearness Allowance (DA), Annual Increments, Earned Leave (EL) etc by set aside the proceedings issued by the respondent vide Rc.no. APTS/HRD/662/PVRAO/SVS/2015-16/233, dated 14.10.2024. Counsel for the Petitioner: SRI K. GANI REDDY Counsel for the Respondent Nos.1 & 2 : GP FOR SERVICES I Counsel for the Respondent No.3 : SRI PRAKASH BUDDARAPU, SC FOR AP TECHNOLOGY SERVICE LTD. Counsel for the Respondent No.3 : SRI HARINATH REDDY SOMA WRIT PETITION NO: 10400 OF 2023 Between: P. Venkateswara Reddy, S/o. Late Sri Reddappa Reddy Hindu, Age. 59 years, Occ: Service, R/o. Flat No. 203, Sainagar Colony Road, Shivaparvathi Nagar, Yanamalakuduru Vijayawada - 520 013, NTR District. ...PETITIONER AND 1. State of Andhra Pradesh, Rep. by its Prl. Secretary Information Technology, Electronics and Communications Dept., A.P. Secretariat, Velagapudi - 522 237, Guntur District 2. State of Andhra Pradesh, Rep. by its Prl. Secretary Finance and Planning Department, A.P. Secretariat, Velagapudi - 522 237, Guntur District 3. Andhra Pradesh Technology Services Ltd. (APTS Ltd.), R&B Building, MG Road, Vijayawada - 520 010 NTR District, Rep. by its Managing Director ...RESPONDENTS 1 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 declaring the action of the Respondent No.3 in issuing the Office Order vide Rc. No. APTS/ D4/ PVREDDY/ SRPRG/2015-16, Dt. 12-12-2022 informing the petitioner that he is retiring on 31-05- 2023 AN on attaining the age of superannuation i.e. 60 years in pursuance of the Circular Memo No. 1813129/FIN01-HR/212/2022-HR- IV, Dt.23.09.2022 of the 2"*^ Respondent as illegal, arbitrary and in violation of the orders issued in G.O.Ms.No.15, Finance (HR-IV FR&LR) Department, Dt.31.01.2022 issued by the 2 fundamental rights guaranteed under the Constitution of India and consequently direct the respondents to continue the services of the Petitioner as Senior Programmer (Adhoc) in the 3"'^ Respondent till he attains the age of 62 years without any break and with ail consequential and attendant benefits including regular pay and allowances. nd Respondent and violative of his lA NO: 1 OF 2023 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 Respondents to continue the petitioner in service as Senior Programmer (Adhoc) in the 3^^^ Respondent till he attains the age of 62 years without any break and with all consequential and attendant benefits including regular pay and allowances by suspending the Office Order of the Respondent APTS/D4/PVREDDY/SRPRG/2015-16, Dt.12-12-2022, pending disposal of the present writ petition. bearing Rc.No. 10 1 lA NO: 2 OF 2023 Between: State of Andhra Pradesh, Rep. by its PrI. Secretary Information Technology Electronics and Communications Dept., A.P. Secretariat, Velagapudi - 522 237, Guntur District. ...PETITIONERS/RESPONDENTS AND 1. P. Venkateswara Reddy, S/o. Late Sri Reddappa Reddy Hindu, Age. 59 years, Occ: Service, R/o. Flat No. 203, Sainagar Colony Road, Shivaparvathi Nagar, Yanamalakuduru Vijayawada - 520 013, NTR District. ...RESPONDENT/PETITIONER 1. State of Andhra Pradesh, Rep. by its PrI. Secretary Finance and Planning Department, A.P. Secretariat, Velagapudi - 522 237, Guntur District. 2. Andhra Pradesh Technology Services Ltd. (APTS Ltd.), R&B Building, MG Road, Vijayawada - 520 010 NTR District, Rep. by its Managing Director. ...RESPONDENTS/RESPONDENTS 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 passed in I.A.No.1 of 2023 in W.P.No.10400 of 2023 and dismiss the above W.P as devoid of merits. lA NO: 1 OF 2024 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 3'^^ respondent to continue the petitioner in services till attaining the age of superannuation 62 years i.e. upto 31.05.2025 by paying with all consequential and attendant benefits including regular pay and allowances i.e, Dearness Allowance (DA), Annual increments. Earned leave 1\ t (EL) etc by set aside the proceedings issued by the 3"^ respondent vide Rc.no. APTS/D4/PVREDDY/SRPRG/2015-16/232, dated 14.10.2024. Counsel for the Respondent Nos.1 & 2 : GP FOR SERVICES I Counsel for the Respondent No.3 : SRI PRAKASH BUDDARAPU, SC FOR AP TECHNOLOGY SERVICE LTD. Counsel for the Respondent No.3 : SRI HARINATH REDDY SOMA The Court made the following: COMMON ORDER THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN W.P.Nos.18076 of 2022: 9225 and 10400 of 2023 COMMON ORDER: In all these three writ petitions, petitioners, who were working as Senior Programmers with respondent, were sought to be superannuated on attaining age of 60 years, claiming parity and benefit of G.O.Ms.No.15 Finance (HR.IV-FR&LR) Department, dated 31.01.2022, issued by the Government, claimed to enhance age of superannuation from 60 years to 62 years. As they were sought to be superannuated on attaining 60 years, preferred present writ petitions. 2. The prayer in one of the writ petitions, i.e. W.P.No.18076 of 2022, reads as under: “to issue writ, order or a direction, more particularly, one in the nature of writ of Mandamus declaring the action of the respondents in issuing proceedings No.lTCSI- 17021(42)/3/2019-ADMIN&HRD-APTS, dated 13.06.2022 whereby and whereunder petitioner was asked to retire from service on the afternoon of 03.06.2022 on attaining the superannuation age of 60 years, as highly illegal, arbitrary and violation of principles of natural justice and contrary to G.O.Ms.No.15, dated 31.01.2022, and Board’s decision on 18.04.2022 (31.03.2022) and also violation of Articles 14, 16 and 21 of the Constitution of India and consequently, to set aside the proceedings No.lTC51-17021(42)/3/2019- ADMIN&HRD-APTS, dated 13.06.2022, by directing the respondents to continue the petitioner’s service in the Andhra Pradesh Technology Services Limited (APTS) and to continue the petitioner till attaining the age of 62 years in the interest of justice and to pass...” 2 CGR, J. W.P. Nos.18076 of 2022; 9225 & 10400 of 2023 3. Initially, this Court passed interim order, dated 29.06.2022 which reads as under; “Notice before admission. Learned Government Pleader for Services-I takes notice on behalf of respondents 1 and 2 and Sri Prakash B, learned standing counsel takes notice on behalf of the 3'“'^ respondent and seeks time to file counter-affidavit. On 21.04.2022, the Board of Directors of the 3'^'^ respondent in its 120‘^ Board meeting adopted G.O.Ms.No.15, dated 31.01.2022, and the Government was requested to consider extension of superannuation from 60 years to 62 years. Learned counsel for the petitioner submits that the 3^'^ respondent addressed a letter to the 1®' respondent on 31.05.2022 seeking necessary directions for enhancement of the age of superannuation from 60 years to 62 years and the matter is still pending with the Government. Learned counsel for the petitioner submits that the petitioner will not claim salary till the matter is decided. In view of the facts and circumstances, the 3^^^ respondent is directed to continue the petitioner in service till 31.07.2022. However, as the learned counsel for the petitioner submitted that the petitioner will not claim the salary till the matter is decided, petitioner shall not claim equities and salary till the counter-affidavit is filed and writ petition.is disposed of. List the matter on 25.07.2022 for counter-affidavit of the respondents. In other two writ petitions, similar interim orders were passed. 4. Following the interim order mentioned above, petitioners were allowed to continue till they attained the age of 62 years. 3^^^ respondent preferred W.A.Nos.616 and 617 of 2023. The Division Bench of this Court, by common judgment, dated 08.08.2024, allowed appeals in part and interim orders granted in W.P.Nos.9225 and 10400 of 2023 came to be set aside. The Division Bench while disposing the Appeals has expressed prima facie opinion that the amendment made by virtue 3 CGR, J, W.P, Nos.l8076of 2022; 9225 & 10400 of 2023 of G.O.Ms.No.15, dated 31.01.2022, would not ipso facto amend Chapter-B of Staff Regulations of Andhra Pradesh Technology Services Limited, 2012, and Regulations 14 and 15 in particular, for claiming benefit of enhanced age of superannuation. Heard Sri K.Gani Reddy, learned counsel for the petitioners and learned Assistant Government Pleader for Services-I for respondents 1 and 2; and Sri Harinath Reddy Soma, learned Standing Counsel, for 3'''^ respondent. 5. 6. Learned counsel for the petitioners submits that in view of subsequent developments, petitioners though were initially continued to work as Senior Programmers in terms of interim orders, which extended the age of superannuation to 62 years, in view of common judgment of the Division Bench, dated 08.08.2024, in W.A.Nos.616 and 617 of 2023 and batch, they were disengaged from service. Be that as it may, since the petitioners have worked under interim orders till they were disengaged are entitled to be paid salaries. It is further contended that the 3'''^ respondent has paid salaries to other similarly situated persons, who have worked beyond 60 years under the guise of interim orders. Reliance is placed on the judgment of the Hon’ble Apex Court in Ram Chet Verma v. State of U.P.^ to buttress the Order in Civil Appeal No.618 of 2019, dt.11.01.2019. (SC) L 4 CGR, J, W.P. Nos,18076 of 2022; 9225& 10400of 2023 argument that even if persons are continued to work under interim order, they are entitled for claiming salary during the said period. 7. Learned Assistant Government Pleader for Services-I appearing for respondents 1 and 2 have opposed the above submissions by contending that petitioner in W.P.No. 18076 of 2022 has clearly through his counsel undertook not to claim salary till matter is decided and also that he was not claiming equities. Further, as the Division Bench in the common judgment, dated 08.08.2024, has categorically expressed opinion that mere existence of Board Resolution would not suffice for giving effect to enhancement of age of superannuation in terms of G.O.Ms.No.15, dated 31.01.2022, unless there is a corresponding amendment to Service Regulations made by the 3^'^ respondent, even if petitioners are allowed to continue with service are not entitled to claim salary as such continuation is illegal. He also relied on the judgment rendered by the Division Bench in W.A.No.1033 of 2022 and batch, dated 05.05.2023, by which the claim of persons who were working with various State Corporations for enhancement of age of superannuation from 60 years to 62 years came to be rejected. 8. Learned counsel for the petitioners has confined his challenge and grievance to the extent of non-payment of salaries during the period petitioners were continued to serve beyond 60 years. It is not in 5 CGR, J. W.P. Nos.l8076of 2022; 9225& 10400of 2023 dispute that petitioners on attaining age of 60 years were sought to be superannuated and by virtue of interim orders passed by this Court, they were continued to work beyond 60 years. Petitioners were disengaged from service after the Division Bench by common judgment, dated 08.08.2024, has set aside the interim orders. The position that emerges is that petitioners did work with 3'’'^ respondent during aforesaid period. One of the contentions raised by the respondents being that petitioner in W.P.No.18076 of 2022 undertook not to claim equities and salary, therefore, cannot claim for salary now is misconceived, in as much as, the undertaking recorded by the Court was only till counter-affidavits are filed and matter is decided. As the very main writ petition itself is taken up for hearing, considering the submissions of the learned counsel for the petitioners that the relief in the writ petition is confined only regarding non-payment of salary, this Court is examining only to that extent. The respondents have not denied the factum of petitioners being continued in service in pursuance to the interim orders and they are also in tandem that petitioners came to be disengaged only after passing of the common judgment by the Division Bench. As 3^^ respondent has extracted service from the petitioners during the aforesaid period, their claim for salaries is legitimate. 6 CGR, ,1. W.P. Nos.18076 of 2022; 9225 & 10400 of 2023 9. The Hon’ble Apex Court in cases of Collector of Madras v. K.M.Rajamanikkan^; and Burn Standard Co. Ltd. v. Deen Bandhu Majumdar^, held that an employee who actually worked on the strength of an interim order would be entitled to his salary even though the writ petition may have been dismissed subsequently. 10. Further the Full Bench of the Allahabad High Court in Surya Deo Mishra v. State of U.P.'’, while answering reference made to it the aspect of the benefits that an employee is entitled to who continued in service beyond superannuating age on the strength of interim order held as follows: on “18. Thus, broadly speaking, the principle which can be culled out from these decisions is that in commercial matters, the successful party is not only entitled to the amount withheld on the basis of the interim order, but it is also entitled to interest thereon. However, in service matters, if the incumbent has worked and has been paid, unless his claim fraudulent, based upon frivolous grounds or upon acute factual dispute, the amount so paid ought not to be recovered. Even in cases of excess payment, it cannot be recovered unless said payment is result of the employee’s mistake or on his showing. But, if the employee has been paio' without working or has not been paid though has worked, he would not be entitled to it if the petition is dismissed as infructuous. We hasten to add, that the court cannot draw a exhaustive list of such situation, as each case is to be decided on its facts.” This Court is oblivious to the fact that in one of the above judgments, it was observed that if the main case is dismissed as was 11. ^ (1995) 2 see 98 = MANU/Se/0643/1995 = (1995) IILU 677 Se ' '(1995) 4 see 172 = (1995) 3 SeR 712 2006 (62) ALR 769 = MANU/UP/1849/2005 7 CGR,J. W.P. Nos.l8076of 2022; 9225 & 10400 of 2023 infructuous, person instituted the same cannot be entitled for the benefit of salary, as in the present case, the main cases are now being decided and that the question as to whether petitioners are entitled to be continued upto 62 years is now not pressed in view of vacation of interim orders, without going into the aforesaid aspect, as the claim for salary for the period worked on the strength of interim orders, is considered, this Court is of the opinion that petitioners are entitled for the salary on the principle of “pay for work”. This view is fortified by the order of Hon’ble Apex Court in Ram Chet Verma\ relevant portion of which reads thus: “Since the appellants have served as per the interim order, obviously they have to be paid the salary for the period they have rendered their services. Non-payment of salary to them for the period they have served under the interim order or otherwise would tantamount to taking begar from them, which is prohibited under Article 23 of the Constitution of India.” In view of the aforesaid discussion and having regard to the 12. authoritative pronounces of Hon’ble Apex Court, in as much as. petitioners have worked and rendered services by virtue of interim order, though their claim of continuation in service upto the age of 62 years has been prima-facie rejected by the Division Bench, because of which their services came to be disengaged, petitioners having rendered service in part for sometime are entitled for the salary alone and that they will not be entitled for any other service benefits. 8 CGR, J. W.P. Nos.18076 of 2022; 9225 & 10400 of 2023 In view of the same, ail these writ petitions are disposed of directing the 3^*^ respondent to pay salary to the petitioners for the period they have served under the interim orders, if not already paid, period of four weeks from the date of receipt of a copy of this 13. within a order. Accordingly, all these writ petitions are disposed of. No order as 14. to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER One Fair Copy to the HON’BLE SRI JUSTICE CHALLA GUNARANJAN (For His Lordship’s kind perusal) To, 1. The Chief Secretary to Government, State of Andhra Pradesh, Government of Aridhra Pradesh AP Secretariat, Amaravathi, A.P. 2. The Principal Secretary to Government Information Technology, Electronics and,,Communications (ITE&C) Department, State of Andhra * Pradesh, Block-4, 1®* Floor, AP Secretariat, Amaravathi, A.P. 3. The Managing Director, Andhra Pradesh Technology Services Ltd., (APTS) , R&B Building, S"'' Floor, MG Road,Vijaywada-520010. A.P. 4. The Special Chief Secretary to Government, Department of Finance (HR.VI-FR & LR), State of Andhra Pradesh, AP Secretariat, Velagapudi Guntur District. 5. The Principal Secretary to Government Finance Department, State of Andhra Pradesh, AP Secretariat, Block-2, 1®‘ Floor, Room no.287 Velagapudi, Amaravathi, Guntur District, A.P. - 522238. 6. One CC to Sri K. Gani Reddy, Advocate [OPUC] 7. Two CCs to GP for Services I, High Court of Andhra Pradesh. [OUT] 8. One CC to Sri Prakash Buddarapu, SC for A.P. Technology Service Ltd.(OPUC) 9. One CC to Sri Harinath Reddy Soma, Advocate (OPUC) 10.9 L.R. Copies. 11 .The Under Secretary Union of India, Ministry of Law, Justice & Company Affairs, New Delhi. 12.The Secretary, A.P. High Court Advocates Association, High Court of A.P. at Amaravati, Guntur District. 13.Three C.D. Copies. Cnr HIGH COURT DATED:05/05/2025 L.R. COPIES I 27 MAY 2025 1 Current seciien . ^ %>gg»PATr.HeO-y COMMON ORDER WP.Nos.18076 of 2022, 9225 and 10400 of 2023 DISPOSING OF THE W.Ps WITHOUT COSTS