APHC010498762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26209/2025 Between: 1. SRI. GOVIND JAYAPRAKASH, S/O. LATE AROGYA SWAMY, AGED ABOUT 59 YEARS ASSISTANT GOVT. ITI, CHEKARAYAPET, NEAR ANJANEYAPURAM, TRAINING OFFICER (CONTRACTUAL), CHEKRAYAPETA, YSR KADAPA DISTRICT -516259, PRESENTLY RESIDING AT, DOOR NO. 67/67, MARIAPURAM VILLAGE, RAVINDRA NAGAR POST, KADAPA MANDAL, YSR KADAPA DISTRICT -516003. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF EMPLOYMENT AND TRAINING, A.P. SECRETARIAT, VELAGAPUDI, VIJAYAWADA- 522503 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, A.P. SECRETARIAT, VELAGAPUDI, VIJAYAWADA- 522503 3. THE COMMISSIONER/DIRECTOR, DEPARTMENT OF EMPLOYMENT AND TRAINING, BENZ CIRCLE, VIJAYAWADA- 520008 4. THE REGIONAL DEPUTY DIRECTOR APP, DEPARTMENT OF EMPLOYMENT AND TRAINING, TIRUPATHI, CHITTOOR DISTRICT. 5. THE GOVERNMENT INDUSTRIAL TRAINING INSTITUTE, REP. BY ITS PRINCIPAL, NEAR ANJANEYAPURAM, CHEKRAYAPETA, YSR KADAPA DISTRICT -516259 ...RESPONDENT(S): 2 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 be pleased to issue a Writ, Order, or direction particularly one in the nature of a WRIT OF MANDAMUS or any other appropriate Writ (a) To quash the Memo No. B/ Esst/ Retirement/ 2025 dated 31.05.2025 issued by the Respondent No.5 instructing me to hand over the complete charges in Drawing and Employability Skills (Fitter Trade) to the mentioned staff member, as the same is contrary to law, arbitrary and against the principles of natural justice, equity and/or (b) Consequently, to direct the Respondents to continue the Petitioner in service as Assistant Training Officer as contractual employee in Fitter Trade till he attains the age of 62 years and provide him with all consequential benefits and/or (c) Pass such other order. IA NO: 1 OF 2025 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 may be pleased to direct the respondents to pass appropriate orders or instructions or directions after suspending the Memo No. B/ Esst/ Retirement/ 2025 dated 31.05.2025 issued by the Respondent No.5, to reinstate the Petitioner as Assistant Training Officer on contractual employment in Fitter Trade till the pending disposal of this petition and he may be provided with the consequential benefits as otherwise the Petitioner will be put to severe loss and hardship, and pass any further order as this Hon’ble may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. M VENKATA RAMANA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26209/2025 ORDER: 1. The petitioner was appointed on a contractual basis as an Assistant Training Officer in the Respondent No.5 institution. On attaining the age of 60 years, the petitioner’s services were terminated. 2. Aggrieved by the said termination, the petitioner has filed the present writ petition, contending that the age of superannuation ought to be 62 years as per the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984. 3. Heard the respective counsels. 4. A Division Bench of this Court in W.P.No.21294 of 2023 had held that the provisions relating to the age of superannuation under the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 are not applicable to contract employees. In view of the same, the petitioner as a ‘right’ cannot seek for the enhanced age of 62 years for retirement. As the Act has no application, it is left open to the respondent department to engage the petitioner on contract basis without reference to the age of superannuation. 5. With the above observation, the Writ Petition is disposed of. 6. There shall be no order as to costs. 7. As a sequel, all pending miscellaneous applications shall stand closed. __________________ NYAPATHY VIJAY, J Date: 25.09.2025 MSI 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26209/2025 Date: 25.09.2025 MSI