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2025 DAILYLAW 59123 (AP)

KODIDELA SUBRAMANYAM v. THE STATE OF AP

WP/36327/2025 · 2025-12-29

Nyapathy Vijay

body2025

Judgment text

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APHC010706392025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36327/2025 Between: 1. KODIDELA SUBRAMANYAM, S/O. LATE HANUMATHAPPA, AGED 62 YEARS, OCC PRINCIPLE SCIENTIST AND HEAD PLANT PATHOLOGY, HORTICULTURE RESEARCY STATION, ANANTHAPURAMU, R/O. DOOR NO. 28 VTC ANANTHAPUR, ANANTHAPURAMU DISTRICT, AN PRADESH. 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION (UE), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE AND CO-OPERATION, ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR . DISTRICT, ANDHRA PRADESH. 3. THE REGISTRAR, DR. YSR HORTICULTURAL UNIVERSITY, ADMINISTRATIVE OFFICE, VENKATARAMANNAGUDEM, WEST GODAVARI DISTRICT, ANDHRA PRADESH. 4. THE UNIVERSITY GRANTS COMMISSION, NEW DELHI, REPRESENTED BY ITS SECRETARY. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36327/2025 KODIDELA SUBRAMANYAM, S/O. LATE HANUMATHAPPA, AGED 62 YEARS, OCC PRINCIPLE SCIENTIST AND HEAD PLANT PATHOLOGY, HORTICULTURE RESEARCY STATION, ANANTHAPURAMU, R/O. DOOR NO. 28-3-549, SHARADA NAGAR, VTC ANANTHAPUR, ANANTHAPURAMU DISTRICT, AN ...PETITIONER AND THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION (UE), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE AND OPERATION, ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR . DISTRICT, ANDHRA PRADESH. THE REGISTRAR, DR. YSR HORTICULTURAL UNIVERSITY, IVE OFFICE, VENKATARAMANNAGUDEM, WEST GODAVARI DISTRICT, ANDHRA PRADESH. THE UNIVERSITY GRANTS COMMISSION, NEW DELHI, REPRESENTED BY ITS SECRETARY. IN THE HIGH COURT OF ANDHRA PRADESH [3460] THE THIRTIETH DAY OF DECEMBER THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY KODIDELA SUBRAMANYAM, S/O. LATE HANUMATHAPPA, AGED 62 YEARS, OCC PRINCIPLE SCIENTIST AND HEAD PLANT PATHOLOGY, HORTICULTURE RESEARCY STATION, 549, SHARADA NAGAR, VTC ANANTHAPUR, ANANTHAPURAMU DISTRICT, ANDHRA ...PETITIONER THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HIGHER EDUCATION (UE), SECRETARIAT BUILDINGS AT VELAGAPUDI, GUNTUR DISTRICT, THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF AGRICULTURE AND OPERATION, ANIMAL HUSBANDRY, DAIRY DEVELOPMENT AND FISHERIES SECRETARIAT BUILDINGS AT VELAGAPUDI, THE REGISTRAR, DR. YSR HORTICULTURAL UNIVERSITY, IVE OFFICE, VENKATARAMANNAGUDEM, WEST THE UNIVERSITY GRANTS COMMISSION, NEW DELHI, 2 ...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 to issue a Writ or Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not implementing G.O.Ms.No.39, dated 29.07.2023 and also in not implementing the regulations of the 4th respondent for the Petitioner as highly arbitrary, discriminatory, irrational, and violative of Articles 14, 16 and 21 of the Constitution of India subsequently declare the impugned Proceedings No.3577/Ser(T)-l/2023 dated 07.06.2023 issued by the Respondent No.3 as illegal, arbitrary and also oppose to article 14, 16, and 21 of the Constitution of India Consequently, direct the Respondents to implement the said G.O.Ms.No.39 dated 29.07.2023 as well as the regulations of the 4th respondent in respect of the Petitioner with all consequential benefits, including reinstatement into service and continuation in service till he attains the age of 65 years (i.e., until 31.12.2028) forthwith and to 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 to direct the Respondents to implement the said G.O.Ms.No.39 dated 29.07.2023 as well as the regulations of the 4th respondent in respect of the Petitioner with all consequential benefits, including reinstatement into service and continuation in service till he attains the age of 65 years (i.e., until 31.12.2028) forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. V SAI KUMAR Counsel for the Respondent(S): 1. GP FOR SERVICES III 2. GP FOR SERVICES II 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 36327 of 2025 ORDER: The present Writ Petition is filed questioning the action of the Respondents in not implementing G.O.Ms.No.39, Higher Education (U.E.) Department, dated 29.07.2023 by enhancing the age of superannuation of the Petitioner from 62 years to 65 years and also in not implementing the regulations of the 4th Respondent for the Petitioner, as illegal and arbitrary. 2. The Petitioner is working as Principal Scientist and Head (Plant Pathology), Horticulture Research Station, Ananthapuramu, under the administrative control of Respondent No.3-Dr.Y.S.R Horticulture University. 3. Both learned counsel submits that the issue involved in this Writ Petition is squarely covered by the judgment of this Court in W.P.No.29142 of 2023 and batch dated 05.11.2025. 4. In that view, this Writ Petition is disposed of, in terms of the order dated 05.11.2025 passed in W.P.No.29142 of 2023 and batch, with the following direction: The State Government shall take a comprehensive decision on the extension of G.O.Ms.No.39, Higher Education (U.E.) Department, dated 29.07.2023 to the 4 Universities under the administrative control of the Agriculture Department, as expeditiously as possible, preferably within a period of four (4) months from the date of receipt of a copy of this order. 5. Registry is directed to attach a copy of the order in W.P.No.29142 of 2023 and batch dated 05.11.2025. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY 30.12.2025 MDP