APHC010290992023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 14882/2023 Between: 1. V. NARASIMHULU, S/O. V. GANGAIAH, AGE ABOUT 60 YEARS (DATE OF BIRTH. 1.7.1963) WORKING AS SAMPLER, MANGAMPET BARYTES PROJECT OF ANDHRA PRADESH MINERAL DEVELOPMENT CORPORATION LTD., MANGAMPET, ANNAMAYYA DISTRICT (ERSTWHILE Y.S.R. DISTRICT) ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPT.BY ITS PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 2. THE STATE OF ANDHRA PRADESH, REPT.BY ITS PRINCIPAL SECRETARY, FINANCE ( HRM.IV) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 3. THE A P MINERAL DEVELOPMENT CORPORATION LTD, (A GOVT. OF ANDHRA PRADESH UNDERTAKING), OFFICE. D.NO.294/1D, KANURU VILLAGE, PENAMALURU MANDAL, VIJAYAWADA - 521 137, ANDHRA PRADESH, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR. 4. THE VICE CHAIRMAN AND MANAGING DIRECTOR, A.P. MINERAL DEVELOPMENT CORPORATION LTD., (A GOVT. OF ANDHRA PRADESH UNDERTAKING), OFFICE. D.NO.294/1D, KANURU VILLAGE, PENAMALURU MANDAL, VIJAYAWADA - 521 137, -2- W.P. No.14882 OF 2023 Date of order:03.12.2025 ANDHRA PRADESH. 5. THE CHIEF PROJECT OFFICER/GENERAL MANAGER, A.P. MINERAL DEVELOPMENT CORPORATION LTD., (A GOVT. OF ANDHRA PRADESH UNDERTAKING), BRANCH OFFICE, MANGAMPET BARYTES PROJECT, MANGAMPET, ANNAMAYYA DISTRICT (ERSTWHILE Y.S.R.KADAPA DISTRICT.) ...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 topleased to issue a Writ or Order or Direction more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in retiring the petitioner from service of the 3rd Respondent Corporation at the age of Sixty (60) years on the basis of Impugned Clarification issued in Circular Memo.No.1813129/FTN01-HR/212/2022-HR-IV, dt. 23.9.2022 by the 2nd respondent and the Impugned Office Order APMDC/HRD/Retd. Intimation/2023/192, Dt.12.5.2023 read with Office Order vide APMDC/M.Pet/HRD/Retirement/0344/2023-24, dated.16.5.2023 of the respondents without allowing the petitioner to remain in service till he attains the age of superannuation of 62 years of age on the basis of his recorded date of birth as 1.7.1963 on par with other similarly situated persons are governed by pre-amended superannuation Act 4 of 2014 as being arbitrary, illegal, unjust, discriminatory, contrary to the Provisions of the A.P. Public Employment (Regulation of Age of Superannuation) Act, 1984 as amended from time to time including Act 4 of 2022 and G.O.Ms.No. 15, Finance Department dt. 31.1.2022 and also implementation of their orders vide APMDC/HRD/60-62 years/2022/557, dt. 30.6.2022 and in violation of Articles 14,16 and 21 of the Constitution of India and accordingly setaside the same and consequently hold that the petitioner is entitled to be continued in service till he attains superannuation age of sixty two (62) years on the basis of his recorded date of birth as 1.7.1963 with all consequential benefits in accordance with law and statutory prescription age of superannuation of 62 years with all consequential benefits in this regard and pass IA 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 pleased to direct the respondents to retain and continue the petitioner in -3- W.P. No.14882 OF 2023 Date of order:03.12.2025 service till he attains the superannuation age of sixty two years i.e. 30.6.2025, by suspending the Impugned Clarification issued in Circular Memo.No. 1813129/FIN01- HR/212/2022-HR-IV, dt. 23.9.2022 by the 2nd respondent and Impugned Office Order APMDC/HRD/Retd.Intimation/2023/192, Dt.12.5.2023 read with Office Order vide APMDC/M.Pet/HRD/Retirement/0344/2023-24, dated. 16.5.2023 pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. D LINGA RAO Counsel for the Respondent(S): 1. V R N PRASHANTH 2. GP FOR SERVICES I The Court made the following: -4- W.P. No.14882 OF 2023 Date of order:03.12.2025 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No:14882 OF 2023 ORDER: 1. The present writ petition has been filed seeking enhancement of the retirement age of the petitioner up to 62 years. 2. Earlier, in a batch of writ petitions W.P. Nos.11384 of 2023 and batch, vide order dt.11.08.2023, a Coordinate Bench of this Court had already considered the same issue and rejected similar claims, and the same was confirmed in the Writ appeals in W.A.Nos.1181 of 2023 and batch, vide judgment dt.07.05.2024. The same was attained finality. 3. Since the petitioner is identically situated to the parties in the aforementioned batch of writ petitions, and the issue has already concluded against them, the present writ petition does not survive for further consideration. 4. Hence, the writ petition is dismissed. No costs. 5. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY BV