APHC010190432024 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: 9422/2024 Between: 1. A GAJENDRA PRASAD, S/O KUPPAIAH, AGED 59 YRS, OCC AM(AUDIT) AND MANAGER (FIN) I/C, APSSDCL, H.O., VIJAYAWADA, R/O FLAT NO 2, FLOOR, BALAJI TOWERS, NEAR KASTURIBAI SCHOOL, PRASSADAMPADU, VIJAYAWADA-521108 ...PETITIONER AND 1. THE 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. 2. STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY TO THE GOVERNMENT, AGRICULTURE AND COOPERATION AGRI DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, A P SECRETARIAT, 4TH BLOCK, VELAGAPUDI, AMARAVATI. 3. THE VICE CHAIRMAN AND MANAGING DIRECTOR, THE A P STATE SEEDS DEVELOPMENT CORPORATION 2 LIMITED H. NO. 4-150 PRASADAMPADU, RAMAVARAPPADU POST, VIJAYAWADA - 521 108. 4. A P STATE SEEDS DEVELOPMENT CORPORATION LIMITED, H. NO. 4-150. PRASADAMPADU RAMAVARAPPADU POST, VIJAYAWADA - 521 108. REP. BY ITS VICE-CHAIRMAN AND MANAGING DIRECTOR. ...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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd and 4thRespondent in issuing retirement notice No SSDC/Admn/117/2023-24 dated 29.2.2024 where under ordering the petitioner to retire on attainment of superannuation of 60 years i.e., dated 31.5.2024 instead of 62 years solely relying on para 6 of Cir. Memo No St 1813129/FIN01-HR/212/2022-HR-IV dated 23.9.2022 issued by the 1 Respondent as illegal, arbitrary, unfair contrary to the letter and spirit of resolution taken in 52 meeting of the Board of Directors of the 4th respondent Corporation held on 5/12/1984, contrary to the Andhra Pradesh Public Employment (regulation of Age of Superannuation) Amendment Act, 2022 (Act 4 of 2022) coupled with the decision of the 3rd respondent in enhancing the employees of the 4th respondent superannuation age from 60 to 62 yrs vide its letter No SSDC/Admin/RPS-2021/10/2021-22/26/0 1 dated 23.2.2022 and unconstitutional and consequently declare the para 6 of Cir. Memo No 1813129/RN01- HR/212/2022-HR-IV dated 23.9.2022 issued by the Respondent as unsustainable in the eye of law and not binding on the 3rd and 4th Respondent Corporation and pass such IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the 3 petition, the High Court may be pleased may be pleased to permit the Petitioner to attend duties till the age of attaining 62 years without any break and with all consequential attendant benefits including regular pay and allowances by Suspending the operation of retirement notice No dated 29.2.2024 issued by the & 4th SSDC/Admn/117/2023-24, respondents pending disposal of the Writ Petition and may be pleased to pass such Counsel for the Petitioner: 1. CHALLAGALI GOPALARAJU Counsel for the Respondent(S): 1. A V KONDAIAH 2. GP FOR FINANCE PLANNING 3. A.V.V.S.N MURTHY SC for APSSDCL 4. GP FOR AGRICULTURE The Court made the following: 4 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.9422 of 2024 ORDER: Learned counsel for the Petitioner submits that the cause in the writ petition does not survive. 2. Recording the said submission, the writ petition is dismissed as infructuous. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 03.12.2025 KLP