APHC010035962023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY ,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 474/2023 Between: Kutcherlapati Suryanarayana Raju and Others ...PETITIONER(S) AND Dr A Mallikarjuna and Others ...CONTEMNOR(S) Counsel for the Petitioner(S): 1. SIVAPRASAD REDDY VENATI Counsel for the Contemnor(S): 1. V SURYA KIRAN KUMAR (SC FOR VMRDA and MUDA) 2. C SUMON The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA CONTEMPT CASE NO: 474/2023 ORDER: This contempt case is filed against the respondents for willful disobedience of the orders dated 06.12.2022 passed by this Court in W.P.No.39444 of 2022. 2. Heard learned counsel for the petitioners and learned counsel for the respondents. 3. In the orders assailed in the present contempt case, this Court has passed an interim order dated 06.12.2022, directing the respondents to continue the petitioners in service till they attain the age of superannuation i.e., 62 years. In fact, the Government of Andhra Pradesh enhanced the age of superannuation from 60 to 62 years restricting the said enhancement only to Government employees but not in respect of employees of Corporations or any other public undertakings either constituted by its separate enactment or other undertakings owned by the state. Moreso, this Court, passed interim order dated 06.12.2022 in W.P.No.39444 of 2022 pursuant to the batch of orders passed in other writ petitions by this Court on the principle of equality under Article 14 of the Constitution of India. But, the matters were heard by this Court at a later stage in batch of writ petitions and it was held that G.O.Ms.No.15 dated 31.01.2022 is not at all applicable to the employees of Corporations, public undertakings and state undertakings. 4. In view of the ratio laid down by the Hon’ble Division Bench of this Court in other petitions, the claim of the petitioners in W.P.No.39444 of 2022 cannot be enforced. 5. On the other hand, learned counsel for the respondents placed on record the counter affidavit filed on behalf of the 1st respondent, wherein, it is specifically stated that at the time of passing of interim orders by this Court in W.P.No.39444 of 2022, all the petitioners were retired from service and they are not entitled for any relief and by mischief they invited the interim orders by this Court. It is further stated that the services of the petitioners cannot be made applicable for enhancing the age of superannuation since their salaries are being paid only from the local authority and not from the State Government. 6. In view of the ratio laid down by this Court as well as the petitioners invited the inadvertent interim orders by this Court by suppressing the facts, the petitioners herein are not entitled for any relief much less as prayed herein. Therefore, the petitioners have no legal rights to substantiate their claim either in the writ petition or in the contempt petitions. 7. Accordingly, the contempt case is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the contempt case shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 23.01.2025 BSP 158 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA (closed) Contempt Case No.474 of 2023 23.01.2025 BSP