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2025 DAILYLAW 49692 (AP)

SYED AHAMMAD HUSSAIN v. THE STATE OF AP

WP/10942/2024 · 2025-05-04

Challa Gunaranjan

body2025

Judgment text

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COURT OF ANDHRA PRADESH ;; AMARAVATI (Special Original Jurisdiction) MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT SRI JUSTICE CHALLA GUNARANJAN IN THE HIGH THE HON’BLE PFTITION NOS: 9856, 10942 & 11372 OF 2024 WRIT WRIT PETITION NO: 9856 OF 2024 Between; Smt Juturu Sarojamma, W/o' Nagaraju, Aged 59yrs, Occ; Senior Assistant, irateted Cont'roliing Offrce, Gunter, R/o D.No 61-9/5-4, Puma Chandra Nagar, Krishnalanka, Vijayawada-520013 ...PETITIONER AND Pradesh; Rep By its Special Chief Secretary to Cooperation (Agri) Department, Secretariat, 4th Block, 1. The State of Andhra Government, Agriculture, and of Andhra Pradesh, A.P. Government Velagapudi, Amaravathi, Guntur District. 2 State of Andhra Pradesh, rep by its Special Chief Secretary to Department of Finance (HR.IV-FR and LR), Government of Secretariat; Velagapudi, Amaravati, Guntur District. Government Andhra Pradesh 3. Andhra Pradesh State Seed Oertification Authority, (APSSCA), Rep by itsXbiair-person, APSSCA Governing Board (Special Chief Secretaij o Government, Agriculture and Cooperation (Agri) Department,Andhra Pradesh), RARS Premises, LAM Farm Guntur-522034. 4 The Director, Andhra Pradesh State Seed Certification Authority, (Erstwhile Andhra Pradesh Seed Certification Agency) R.A.R.S Lam Farm, Amaravathi Road, Guntur, Guntur District. ...RESPONDENTS 226 of the Constitution of India praying that in Petition under Article the circumstances stated in the affidavit filed therewith, the High Court may 2 be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3'^'^ Respondents in issuing retirement Memo vide No.SCA/Estt/44/2024 10.04.2024 wherein ordering the petitioner to be retired and 4 dated on 30.4.2024 from her service on attaining the age: of superannuation of 60yrs instead of 62yrsas illegal, arbitrary, unfair, unconstitutional contrary to the Andhra Pradesh Public Employment (regulation Amendment Act, 2022 (Act 4 of 2022) and of Age of Superannuation) consequently declare the para 6 of Cir. Memo No 1813129/FIN01-HR/212/2022-HR-IV dated 23.09,2022 issued by the 2nd Respondent as unsustainable in the eye of law and not binding on the 3rd and 4th Respondent Authority. lA NO: 1 OF 9n9d Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioner to attend duties till the age of attaining 62 years without any break and witfi all praying that in the circumstances consequential attendant benefits the operation of including regular pay and allowances by Suspending retirement Memo vide No.SCA/Estt/44/2024 dated ‘ & 4‘^ respondents pending disposal of the Writ Petition. 10.04.2024 issued by the lA NO: 2 OF ?n9d Between: 1. Andhra Pradesh State Seed Certification Authority, (APSSCA) Rep by Its Chairperson, APSSCA Governing Board (Special Chief Secretary D vCooperation (Agri) Department,Andhra Pradesh), RARS Premises, LAM Farm Guntur-522034. 2. The Director, Andhra Pradesh State Seed Certification Authority, ( rstwhile Andhra Pradesh Seed Certification Agency) R.A.R.S Lam Farm, Amaravathi Road, Guntur, Guntur District. to ...PETITIONERS/RESPONDENTS N0.3 & 4 3 AND 1. Smt. Juturu Sarojamma, W/o Nagaraju, Aged 59yrs, Occ; Senior Assistant, State Seed Controlling Office, Guntur, R/o D.No 61-9/5-4, Puma Chandra Nagar, KriShnalanka, Vijayawada-520013 ...RESPONDENT/WRIT PETITIONER 3. The State of Andhra Pradesh, Rep By its Special Chief Secretary to Agriculture and Cooperation (Agri) Department, Secretariat, 4th Block, Government, Government of Andhra Pradesh, A.P. Velagapudi, Amaravathi, Guntur District. 4. State of Andhra Pradesh, rep by its Special Chief Secretary to Government Department of Finance (HR.IV-FR and LR), Government of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. RESPONDENTS/ RESPONDENTS 1 & 2 Petition under Section 1.51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be the interim;, order dated 29.04.2024 passed in WP pleased to vacate No.9856 of 2024 and dismiss the Writ petition with costs. Counsel for the Petitioner: SRi CHALLAGALI GOPALARAJU Counsel for the Respondent No.1: GP FOR AGRICULTURE & COOPERATION Counsel for the Respondent Nos. 3 & 4; SRI A VV S N MURTHY Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING WRIT PETITION NO: 10942 OF 2024 yM • Between: Syed Ahammad Hussain, S/o Sahebjan Syed, Aged 59yrs, Occ; Accounts Officer o/o DSCA, Guntur, Flat No 4Q4, Padma Residency, Mallikarjunapuram, M.G Inner Ring Road, Gorantia, Guntur, Guntur District. ...PETITIONER AND 4 1. State of AP, Rep By its Special Chief Secretary to Government, Agriculture and Cooperation (Agri) Department, Government of Andhra Pradesh,A.P. Secretariat, 4th Block, Velagapudi, Amaravathi, Guntur District. 2. State of Andhra Pradesh rep by its Special Chief Secretary to Government Department of;Finance (HR.IV-FR and LR), Government Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. of 3. Andhra Pradesh State Seed Certification Authority(APSSCA), Rep by Its Chairperson, APSSCA Governing Board (Special Chief Secretary Government, Agriculture and Cooperation (Agri) Department Pradesh), RARS Premises, LAM Farm, Guntur-522034. 4. The Director, Andhra Pradesh State Seed Certification Authority, (Erstwhile Andhra Pradesh Seed Certification Agency) R.A.R.S Lam Farm, Amaravathi Road, ’Guntur, Guntur District. to Andhra ...RESPONDENTS Petition under Article 2^6, of tjpe Constitution of f the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or. direction India praying that in may more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and 4th Respondent in issuing retirement Memo vide No.SCA/Estt/44/2024 10.04.2024 wherein ordering the petitioner his service on attaining the dated to be retired on 31.05.2024 from age of superannuation of 60yrs instead of 62yrs as Illegal, arbitrary, unfair, unconstitutional contrary to the Andhra Pradesh Public Employment (regulation of Age of Superannuation) Amendment 2022 (Act 4 of 2022) and consequeritly declare 1813129/FIN01-HR/212/2022-HR-IV Act, the para 6 of Cir. Memo No dated 23.09.2022 issued by the 2nd Respondent as unsustainable in th'i eye of law and not binding on the 3rd and 4th Respondent Authority. 5 lA NO: 1 OF 2024 that in the circumstances Petition under Section 151 CPC praying stated in the affidavit filed in support of the petition, the High Court may be attend duties till the age of attaining 62 pleased to permit the Petitioner to without break and ' with all consequential attendant benefits including years regular pay and allowances by Suspending the operation of retirement any Memo vide No.SCA/Estt/44/2024 dated 10.4.2024 issued by the 3th & 4th respondents pending disposal of the Writ Petition lA NO: 2 OF 2024 Between; 1. Andhra Pradesh State Seed Certification Authority, (APSSCA), Rep by APSSCA Governing Board (Special Chief Secretary to ^ and Cooperation (Agri) Department,Andhra Pradesh), RARS Premises, LAM Farm Guntur-522034. Pradesh State Seed Certification Authority, Pradesh Seed Certification Agency) R.A.R.S Lam its Chairperson Government, Agriculture 2. The Director, Andhra (Erstwhile Andhra I Farm Amaravathi Road, GUnfuf, Guntur District. ...PETITIONERS/RESPONDENTS NO.3 & 4 AND 1 Syed Ahammad Hussain, S/o Sahebjan Syed, Aged 59yrs, Occ. ' Accounts Officer o/o DSCA, Guntur, Flat No 401, Padma Residency, M.G inner Ring Road, Gorantia, Guntur, Guntur Mallikarjunapuram District. ...RESPONDENTA/VRIT PETITIONER Andhra Pradesh, Rep By its Special Chief Secretary to 'dhd Cooperation (Agri) Department, Secretariat, 4th Block, 2. The State of Government, Agriculture Government of Andhra Pradesh, A.P. Velagapudi, Amaravathi, Guntuf District. 3. State of Andhra Pradesh, rep by its Special Chief Secretary to Government Department of Finance (HR.IV-FR and LR), Government of Secretariat, Velagapudi, Amaravati, Guntur District. Andhra Pradesh 6 ...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 orddr dated 07-05-2024 10942 of 2024 and dismiss the writ petition with costs. Counsel for the Petitioner: SRI CHALLAGALI GOPALARAJU Counsel for the Respondent No.1: GP FOR AGRICULTURE AND GP SERVICES II Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING • '■ y. Counsel for the Respondent Nos. 3 & 4: SRI A VV S N MURTHY passed in WP.No. FOR WRIT PETITION NO: 11372 OFi2024 Between: c. Gurappa, S/o Bogadri, Aged 59yrs, Occ: Attender-cum-watchman O/o Senior Seed Certifying Officep:Kadapfa, R/o D.No 53/330-1, Sivalayam Street Nabikota. Kadapa. YSR Kadapa District ...PETITIONER AND ^ 1. state of Andhra Pradesh, Rep By itsSpecial Chief Secretary to Government, Agriculture and Cooperation (Agri) Department, overnment of AndhraPradesh,A.P. Secretariat, 4th Block,\/eiagapu di 2. state of Andhra Pradesh, rep by its Special Chief Secretary to Government Department of Finance (HR.IV-FR and LR), Government of ndhra Pradesh, Secretarfat, \/eiagapudi, Amaravati, Guntur District. 3. Andhra Pradesh State Seed Certification Authority(APSSCA), Rep bv Its Chairperson. APSSCA Governing Board (Special Chief Secretary Government, Agriculture and Cooperation (Agri) Department Pradesh), PARS Premises, LAM Farm Guntur-522034. to , Andhra 7 4 The Director, Andhra Pradesh State Seed f (Erstwhile Andhra Pradesh Seed Certification Agency) R,A,R,S Farm, Amaravathi Road, Guntur, Guntur District. ...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 Writ, Order dr direction more particularly one in the of the 3rd and 4th be pleased to issue a nature of Writ of Mandamus declaring the action Respondent in issuing retirement Memo vide No.SCA/Estt/44/2024 dated 10.04.2024 wherein ordering the petitioner to be retired on superannuation of 60yrs instead of 30.6.2024 from attaining the age of his service on ^ unconstitutional contrary to the Andhra of Age of Superannuation) 62yrsas illegal, arbitrary, unf?ii; Public Employment (regulation Pradesh . .. Amendment Act, 2022 (Act 4 of 2022)and consequently declare the para of Cir Memo No 1813129/FIN01-HR/212/2022-HR- IV dated 23.09.2022 issued by the 2nd Respondent as unsustainable in the eye of law and not the 3rd and 4th Respondent Authority. binding on lA NO: 1 OF 2024 that in the circumstances Petition under Section 151 CPC praying stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the Petitioner to attend duties till the age of attaining 62 break and with all consequential attendant benefits by Suspending the operation of .SCA/Estt/44/2024 dated 10.4.2024 issued by the years without any including regular pay and allowances retirement Memo vide No 3rd and 4th respondents pending disposal of the Writ Petition. lA NO: 2 OF 2024 Between" 1 Andhra Pradesh State Seed Certification Authority, (APSSCA), Rep by Chairperson, APSSCA Governing Board (Special Chief Secrefary to ■ 8 Government, Agriculture and Cooperation (Agri) Department,Andhra Pradesh), PARS Premises, LAM Farm Guntur-522034. 2. The Director, Andhra Pradesh State Seed Certification (Erstwhile Andhra Pradesh Seed Certification Agency) R.A.R.S Farm, Amaravathi Road, Guntur, Guntur District. Authority, Lam ...PETITIONERS/RESPONDENTS N0.3 & 4 AND 1. C. Gurappa, S/o Bogadri, Aged 59yrs, Occ; Attender-cum-watchm an, O/o Senior Seed Certifying Officer, Kadapa, R/o D.No 53/330-1, Sivalayam Street, Nabikota, Kadapa, YSR Kadapa District. ...RESPONDENT/WRIT PETITIONER 2. The State of Andhrg Pradeshj, Rep By its Special Chief Secretary to Government, Agriculture and Cooperation (Agri) Department, Government of Andhra _'F*faidesh, A.P. Secretariat, 4th Block, Velagapudi, Amaravathi, Guntur District. 3. State of Andhra Pradesh, rep by its Special Chief Secretary to Government Department of Finance (HR.IV-FR and LR), Government Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. of RESPONDENTS/ RESPONDENTS 1 & 2 Petition under Section 151:gpg praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be I 09.05.2024 passed in WP costs. pleased to vacate the interirri ^order dated No. 11372 of 2024 and dismiss the Writ petition with Counsel for the Petitioner: SRI CHALLAGALI GOPALARAJU Counsel for the Respondent Nb.1: GP FOR SERVICES Counsel for the Respondent No.2: GP FOR SERVICES Counsel for the Respondent Nos. 3,& 4: SRI A V V S N MURTHY The Court made the following: COMMON ORDER ll I ' APHC010196472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI {Special Original Jurisdiction) 050 [3506] 0?^ MONDAY THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 9856/2024 Between; ...PETITIONER Smt.juturu Sarojamma AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.CHALLAGAL1 GOPALARAJU Counsel for the Respondent(S): 1.GP FOR COOPERATION (AP) 2.GP FOR AGRICULTURE 3.A VV S N MURTHY WRIT PETITION NO: 10942/2024 Between: ...PETITIONER Syed Ahammad Hussain AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner: 1.CHALLAGALI GOPALARAJU As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/-N NAGAMMA ASSISTANT R^GISJRAR SECTIO //TRUE COPY// \ To, FFICER . 1. One CC to Sri Challagali'Gopalaraj 2. Two CCS to GP for Se™ees j,,Wigh Court of Andhra Pradesh [OUT] . wo CCS to GP for Seryit:^;.^gh Court of Andhra Pradesh. u Advocate [OPUC] [OUT] & Planning, High Court of Andhra Pradesh. ^ Finance PradesMOU?r & Cooperation, High Court 6. One CC to Sri A VV S N Murthy, Advocate [OPUC] 7. Three CD Copies TF(gsg) of Andhra i. J '‘'f HIGH COURT DATED:05/05/2025 COMMON ORDER WP.No.9856, 10942 & 11372 of 2024 DISMISSING THE W.P.s, WITHOUT COSTS