Extracted from the PDF above. The PDF is authoritative.
APHC010586002025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 30375/2025 Between:
1. SHAIK SALAM MIAH,, S/O SHAIK KHASIM MIAH, AGED 61 YEARS, R/O 51-980-208-D3, INDIRA GANDHI NAGAR, KURNOOL, ANDHRA PRADESH
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT,
AGRICULTURE AND COOPERATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI,GUNTUR, ANDHRA PRADESH
2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,
FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR, ANDHRA PRADESH
3. THE ANDHRA PRADESH STATE WAREHOUSING CORPORATION, REP BY ITS MANAGING DIRECTOR, AGRICULTURE AND COOPERATION DEPARTMENT, AMARAVATI, GUNTUR, ANDHRA PRADESH
4.
THE WAREHOUSE MANAGER, THE ANDHRA PRADESH STATE WAREHOUSING CORPORATION, KURNOOL, ANDHRA PRADESH
...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
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pleased topleased to issue an appropriate writ order or direction preferably a Writ in the nature of Mandamus for declaring the action of the Respondents more particularly the 3rd Respondent in not considering the representation dated 20.10.2025 of the Petitioner for considering to continue the Petitioner in services until completion of 62 years of age on par with other employees who already retired at 62 years of age and to pay the arrear salary amount from 6.7.2024 till 27.7.2024 and 1.10.2024 to 22.10.2024 is illegal, arbitrary and violative of Article 12, 14 and 21 of Constitution of India and consequently direct the 3rd Respondent to consider the representation dated 20.10.2025 of the Petitioner for considering to continue the Petitioner in services until completion of 62 years of age on par with other employees who already retired at 62 years of age and to pay the arrear salary amount from 6.7.2024 till 27.7.2024 and 1.10.2024 to 22.10.2024 and pass 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 pleased to direct the 3’’'^ Respondent to consider the representation dated 20.10.2025 of the Petitioner for considering to continue the Petitioner in services until completion of 62 years of age on par with other employees who already retired at 62 years of age and to pay the arrear salary amount from 6.7.2024 till 27.7.2024 and 1.10.2024 to 22.10.2024 and pass Counsel for the Petitioner:
1. N BHARATH SIMHA REDDY Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. GP FOR SERVICES II
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.30375 of 2025
ORDER: The present writ petition is filed questioning the action of the 3rd respondent in not considering the representation dated 20.10.2025 submitted by the petitioner, seeking continuation in service until completion of 62 years of age, on par with other employees who were allowed to retire at 62 years, and for payment of arrear salary for the periods from 06.07.2024 to 27.07.2024 and from 01.10.2024 to 22.10.2024, as being illegal and arbitrary.
2. It is submitted that, taking advantage of the amendment to the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, the petitioner had earlier filed W.P. No.14031 of 2024, seeking continuation of his services in the respondent-Corporation till he attained the age of 62 years, in view of G.O.Ms.No.15, dated 31.01.2022, issued by the respondent-State, amending the said Act. However, the said writ petition was dismissed by this Court on 14.10.2024.
3.
Learned counsel for the petitioner now restricts the relief sought to a direction for consideration of his case for payment of arrear salary for the period he actually worked, i.e., from 06.07.2024 to 27.07.2024 and from 01.10.2024 to 22.10.2024, notwithstanding the dismissal of the earlier writ petition.
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4. Accordingly, this writ petition is disposed of directing the respondents to consider the petitioner’s representation dated 20.10.2025, only to the extent of payment of salary for the period he actually worked, i.e., from 06.07.2024 to 27.07.2024 and from 01.10.2024 to 22.10.2024, and to pass appropriate orders thereon as expeditiously as possible. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
_______________________________ JUSTICE NYAPATHY VIJAY
Date: 04.11.2025 SNI
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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION No.30375 of 2025
Dated: 04.11.2025
SNI