APHC010484952023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 25141/2023 Between: 1. A S R SOMAYAJULU, AGED ABOUT 61 YEARS, S/O.A.RAMA SASTRY, OCCUPATION. ZONAL MANAGER APSCSCL, R/O. D. NO.403 UCORN RESIDENCY, SVR COLONY, KURNOOL, ANDHRA PRADESH. 2. GOURU TRINADH SWAMY,, AGED ABOUT 60 YEARS, S/O CHINA HANUMANTHA RAO, OCCUPATION. ASSISTANT MANAGER GENERAL APSCSCL EAST GODAVARI DISTRICT R/O. FLAT NO.118, AKR LIFESTYLE APARTMENT, TARAKA RAMA NAGAR, 10TH LANE, SVN COLONY, GUNTUR, ANDHRA PRADESH. 522006 3. MUDUGU JOHN KENNEDY RAJ KUMAR,, AGED ABOUT 60 YEARS S/O SURYA RAO, OCCUPATION. ASSISTANT GENERAL MANAGER APSCSCL, GENERAL ZONAL OFFICE, R/O.D.NO.5172/A, APSP CAMPUS POST, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 533005 4. LOLLA JAGADESWARA RAO,, AGED ABOUT 60 YEARS S/O LATE RAMA RAO, OCCUPATION. ASSISTANT GRADE 1MLS APSCSCL, POINT DISTRICT OFFICE. 2 R/O.D.NO.127/3/A, BALAJI NAGAR, NARAVA, PERIDURTHI MANDAL, VISAKHAPATNAM, ANDHRA PRADESH. 530012 5. J.DURGA PRASAD, , AGED ABOUT 60 YEARS, S/O.J.HANUMATHA RAO, OCCUPATION. ASST MANAGER ACCTS DISTRICT OFFICE APSCSCL, GUNTUR, R/U.D.NO.446/A, 4TH LINE, RAMANNA PET, CHANDRAMOULINAGAR, GUNTUR DIST, ANDHRA PRADESH. PIN-522007 6. N.NAGA LAKSHMI KUMARI, , AGED ABOUT 60 YEARS W/O LATE V V V MANOHARA RAO, OCCUPATION. ASSISTANT GRADE 1 OFFICE OF THE D C S M APSCSCL KURNOOL, R/O.H.NO.66, PLOT NO.57, RAMANA NAGAR COLONY, DAMMAIGUDA ROAD, KEESARA MANDAL, MEDCHAL, MALKAJGIRI DISTRICT, TELANGANA STATE. PIN-500083 7. YEDLA LAKSHMAN RAO,, AGED ABOUT 60 YEARS, S/O.Y.APPALA NAIDU, OCCUPATION. OFFICE SUBORDINATE, CVO,DCSM, APSCSCL, R/O GURLA POST AND VILLAGE GURLA MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. 8. K.V.S. NAGENDRA, , AGED ABOUT 60 YEARS, S/O.K.V. KASIPATHI RAO, OCCUPATION. ASSISTANT MANAGER (GENERAL), APSCSCL, R/O.D.NO.3290, PRAGADAMANU STREET, GIRIM PETA, CHITTOOR, CHITTOOR DISTRICT, ANDHRA PRADESH. 9. K.V. LAKSHAIMAH, , AGED ABOUT 60 YEARS, S/O.K VENAKATAIAH, OCCUPATION. RECORD ASSISTANT, APSCSCL, R/O. D.NO.43/65, PRAKASH NAGAR, KADAPA, ANDHRA PRADESH. 10. SARI ANANDU,, AGED ABOUT 60 YEARS, S/O. S.DASANNA, OCCUPATION. RECORD ASSISTANT, APSCSCL, R/O. GADIVEMULA, NANDYAL TALUK, 3 KURNOOL DISTRICT, ANDHRA PRADESH. 11. G.V.RAGHAVULLU,, AGED ABOUT 60 YEARS, S/O.G VEERAJ, OCCUPATION. ASSISTANT GRADE 1, APSCSCL, D.NO.614, SURYARAOPET, KAKINADA, EAST GODAVARI DISTRICT, ANDHRA PRADESH. 12. KARANAM VENKATA NAGA LAKSHMI NARASIMHA RAO,, AGE 60 YEARS, S/O. (LATE) BABU RAO, OCCUPATION. ASSISTANT MANAGER, APSCSCL, R/O.D.NO.9-19-35, ROAD NO.20, BEANGE JASPER APARTMENT, 4TH FLOOR, FLAT NO.402, CBM COMPOUND, NEAR CMR JEWELLERY, SRI SAMPATH VINAYAKA TEMPLE ROAD, VISAKHAPATNAM, ANDHRA PRADESH-PIN. 530 003 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY, CIVIL SUPPLIES DEPARTMENT SECRETARIAT AMARAVATHI, A.P. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY FINANCE DEPARTMENT (HR. IV-FR AND LR) SECRETARIAT, AMARAVATHI, A.P. 3. THE COMMISSIONER OF CIVIL SUPPLIES, CIVIL SUPPLIES DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT, A.P. 4. A P STATE CIVIL SUPPLIES CORPORATION LIMITED, REP BY THE CHAIRMAN OF CIVIL SUPPLIES CORPORATION LTD, CIVIL SUPPLIES DEPARTMENT, OFFICE 10152/1, ASHOK NAGAR, BANDAR ROAD, VIJAYAWADA, KRISHNA DISTRICT, A.P. 5. A P STATE CIVIL SUPPLIES CORPORATION LIMITED, REP BY VICE CHAIRMAN AND MANAGING DIRECTOR 4 CIVIL SUPPLIES DEPARTMENT A.P. SCSCLTD OFFICE 10152/1, SRI SAI TOWERS, ASHOK NAGARM KANURU, BANDAR ROAD, VIJAYAWADA, KRISHNA DISTRICT, A.P. PIN-520 027 ...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 topleased to issue a writ order or direction more particularly the one in the nature of Mandamus and declare the impugned circular Lr.No.P.Admn.A3/3332/2022 dated 31.01.2023 issued by the Respondents which laid down the condition on the Petitioners to give an undertaking on a non judicial stamp paper that in case the batch of Writ Petitions filed for enchancing the age of superannuation from 60 years to 62 years gets dismissed then in such a circumstance the Petitioners shall repay the amounts or otherwise, the Respondent Corporation will be at liberty to adjust the said amounts from the retirement benefits of the Petitioners and also forcing the Petitioners to sign the undertaking before allowing the Petitioners to continue in service and for releasing the regular pay and allowances in purported complaince of the interim orders passed by this Hon'ble Court in W.P.Nos. 34138/2022, 32141/2022, 9285/2023, 9629/2023, 9971/2023, 15126/2023, 15173/2023 as illegal, arbitrary, high handed, outrageous, unconstitutional and ultra vires and is in violation of Articles 14, 21 and 23 of the Constitution of India where this Hon'ble Court did not impose any such conditions and declare the undertaking obtained under undue influence as not est, which has no legal validity and sanctity and ab initio null and void and to pass IA NO: 1 OF 2023 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 stay the action of the Respondents for adjusting the remuneration which 5 was already paid to the Petitioners as salary for the duties they have performed from the retirement benefits which are due to be paid to the Petitioners after they superannuate from service in the interest of justice, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. BALA MURALI KRISHNA P Counsel for the Respondent(S): 1. P HEMA CHANDRA (SC FOR CIVIL SUPPLIES CORP LTD) 2. GP FOR SERVICES I 3. GP FOR SERVICES II The Court made the following: 6 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.25141 of 2023 ORDER: Learned standing counsel for the Corporation on instructions, submits that no further orders need to be passed in view of the fact that the Petitioners have retired from service. 2. Recording the said submission, the writ petition is dismissed as infructuous as no further action needs to be implemented. No order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. __________________ NYAPATHY VIJAY, J Date: 05.12.2025 KLP