THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.13087 of 2024 O R DE R: The present writ petition is filed declaring the action on the part of the Respondents in not considering the representation of the Petitioners dated 23.05.2024 seeking for regularization of their services in terms of A.P.Regularization of Services of Contract Employees Act, 2023 and consequently extend the age of superannuation from 60 to 62 years in terms of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation (Amendment) Act 1 of 2022. 2. The facts leading to the case are as follows: The Petitioners were appointed as Junior Assistant and Office Subordinate on contract basis on 27.01.2009 and 16.12.2008 respectively against regular vacancies in the 4th Respondent-Office. The Petitioners were appointed after due selection process and in the appropriate roster points applicable to them and ever since they have been discharging their duties. On bifurcation of the State, the Petitioners were allotted to the State of Andhra Pradesh in terms of G.O.Rt.No.809 dated 31.07.2014. 2 3. The State Government, taking note of contractual employment across the State, enacted the Andhra Pradesh Regularization of Services of Contract Employees Act, 2023 (for short 8the Act 30 of 20239) framing guidelines for regularization of contract employees. In terms of the said Act, the names of the Petitioners along with other eligible persons were forwarded for regularization. However, Respondent No.1, after examination of the names of the individuals sent for regularization, issued G.O.Ms.No.26 dated 13.03.2024 permitting Respondent No.3 to regularize the services of the individuals working on contract basis in the list therein. However, the names of the Petitioners were not shown in the list. Hence, the present writ petition is filed. 4. A counter affidavit is filed by Respondent No.4 on its behalf and on behalf of Respondent No.1. As per the counter affidavit, the Petitioner No.1 was appointed as Junior Assistant on contract basis vide letter No.08/Admn.1/2009 dated 27.01.2009 of the Administrator, Government Pleader9s Office as per the recommendations of the Selection Committee and had reported to duty on 29.01.2009. It is stated that the post was sanctioned against regular cadre strength to be filled on contract basis vide G.O.Rt.No.1299 Law (N) Department dated 14.08.2007 in 3 concurrence with Finance (SMPC) Department vide U.O.No.17944. H/670/A2/SMPC/07 dated 01.08.2007. It is stated that as per the orders in G.O.Ms.No.759 G.A.(Services.D) Department dated 06.10.2007, the upper age limit specified for direct recruitment as on 1st day of July of the year of appointment is 34 years and that the Petitioner by the date of entry of his service is 44 years, 7 months, 17 days. As the first Petitioner belongs to BC-B category, the relaxation of upper age limit shall be allowed to 5 years i.e. 34 + 5 = 39 years, but as on 01.07.2009, the age of the Petitioner was 45 years and 19 days. 5. As regards Petitioner No.2, it is stated in the counter affidavit that Petitioner No.2 was appointed as Office Subordinate on contract basis vide Lr.No.81.Admn.1/2007-16 dated 16.12.2008 of the Administrator, Government Pleaders9 Office and as per the order of the Selection Committee dated 16.12.2008. He reported to duty on 18.12.2008. It is stated in the counter affidavit that the post was sanctioned against the regular cadre strength filled on contract basis vide G.O.Rt.No.948 Law (N) Department dated 02.06.2007 in concurrence of the Finance (SMPC) Department vide U.O.No.12082- B/600/A3/SMPC/07 dated 09.05.2007. It is stated that as per the 4 orders in G.O.Ms.No.759 G.A.(Services.D) Department dated 06.10.2007, the upper age limit specified for direct recruitment as on 1st day of July of the year of appointment is 34 years and that the Petitioner by the date of entry of his service is 44 years, 2 months, 4 days. As he belongs to BC-B category, the relaxation of upper age limit shall be allowed to 5 years i.e. 34 + 5 = 39 years, but as on 01.07.2009, the age of the Petitioner was 44 years 02 months and 04 days. 6. As the Petitioners were overaged, they are not entitled to be considered for regularization in terms of Section 3 of Act 30 of 2023. As the Petitioners are not entitled for regularization, it is pleaded that the Petitioners are not entitled for enhanced superannuation of 62 years. 7. Heard Sri U.D.Jai Bhima Rao, learned counsel for the Petitioners and learned Government Pleader for Services-I. 8. Reasoning: The recruitment of the Petitioners on contract basis was pursuant to G.O.Rt.No.948 dated 02.06.2007 and G.O.Rt.No.1299 dated 14.08.2007 respectively, whereunder the State Government had permitted to fill up posts of Junior Assistants and posts of Attenders in the Government Pleaders9 5 Office on a contract basis. The Petitioners were recruited pursuant thereto as Junior Assistant and Office Subordinate vide letter No.08/Admn.1/2009 dated 27.01.2009 and Lr.No.81.Admn.1/2007-16 dated 16.12.2008 respectively. 9. With an intent to regularise individuals appointed on contract basis, after due selection process, the State Government enacted Act 30 of 2023. The criteria for regularisation have been specified in Section 3 thereof and the only objection raised by the Respondents as regards the Petitioners is that they are not within the age prescribed for appointment to the respective posts at the time of appointment. Section 3(5) of Act 30 of 2023 reads as under: Section 3 (5): The regularisation of a person appointed on contract basis shall be considered, only If his Initial appointment was in due compliance with the procedure relating to; (i)Selection Process; (ii) Rule of reservation; (iii) Eligibility, age & educational qualifications prescribed for the post; (iv) Notification of Vacancies. 10. The maximum age for the post of Junior Assistant is provided in Rule 7 of A.P.Ministerial Service Rules, 1998. As per 6 Rule 7 of the Rules, the maximum age for direct recruitment is 34 years as amended vide G.O.Ms.No.115 GA(SR.B) Department dated 29.02.2008. Prior thereto, the maximum age was 33 years. The maximum age can be raised by five (5) years in case of SC, ST and BC categories as per Rule 7(4)(b) of the A.P.Ministerial Service Rules. 11. The maximum age for the post of Office Subordinate is provided in Rule 8 of the A.P.Last Grade Service Rules. As per this Rule, the maximum age for direct recruitment is 34 years as amended vide G.O.Ms.No.564 GAD (Ser-B) Department dated 28.09.2011. Prior thereto, the maximum age for direct recruitment was 33 years. 12. In either case, the Petitioners are overaged as on the date of recruitment vide letter No.08/Admn.1/2009 dated 27.01.2009 and Lr.No.81.Admn.1/2007-16 dated 16.12.2008 respectively and in that sense, objection for the regularisation under the provisions of Act 30 of 2023 cannot be faulted in view of specific provision to that effect under Section 3(5) of the Act as extracted above. 13. Notwithstanding the above, the State Government had issued G.O.Ms.No.396 G.A.(Ser.A) Department dated 7 05.11.2016, enhancing the maximum age of direct recruitment uniformly to all direct recruitments to 42 years. The adhoc Rule reads as under: "Not withstanding anything contained in the A.P. State & Subordinate Service Rules, 1996 or in the Special Rules or in the Adhoc Rules for any State service or Subordinate Service and in supersession of the orders issued in G.O.Ms. No.295, G.A. (Ser.A) Dept., dated:23-9-2014 and G.O.Ms. No.381, G.A. (Ser.A) Dept., dated:17-10-2016 the maximum age limit prescribed in the said rules for appointment by direct recruitment shall be raised from 34 to 42 years for the purpose of direct recruitment to the various categories of posts to be notified from the date of issuance of this G.O. and up to 30.09.2017 by all the recruiting agencies in the State of Andhra Pradesh. The age concession over and above the upper age limit shall also be allowed to the categories as provided under Rule 12 of the A.P. State and Subordinate Service Rules, 1996. Provided that nothing in this rule shall apply for direct recruitment to the posts of uniformed services of Police, Excise, Fire, Prisons, Forest Department and Transport Departments for which physical standards have been prescribed in the State and Subordinate Service Rules or in the relevant special or adhoc rules". 14. The above Rule enables the direct recruitment of persons upto the age of 47 years, provided they belong to Backward 8 classes, SC & ST communities. Though the Petitioners cannot as a matter of right claim for applicability of this Rule, as the above extracted Rule is prospective in nature, and a one-time measure, however, the cases of Petitioners and persons similarly situated can be examined by the Respondents for regularisation by exercising inherent power of relaxation of rules, considering the fact that persons recruited along with Petitioners were said to be regularised by the respective States after bifurcation of the States. 15. In the light of the above, the writ petition is disposed of leaving it open to the Respondent-State Government to examine the feasibility for regularization of the services of the Petitioners by exercising inherent power of relaxation of upper age limit and for extension of age of superannuation up to 62 years. No order as to costs. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 19.11.2025 KLP