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2025 DAILYLAW 6688 (AP)

M. Sivashankar Rao, S/o M.Kotaiah, v. The State of Andhra Pradesh,

WP/18300/2017 · 2025-07-10

Maheswara Rao Kuncheam

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Judgment text

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1 APHC010063152017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 18300 OF 2017 Between: 1. M. Sivashankar Rao, S/o M.Kotaiah,, Aged about: 58 Yrs, Occ: A.M. (FAC) Civil Supplies Anantapuramu, R/o Flat No.S5, Amulya Towers, Chandramouli Nagar, Guntur. 2. J. Krishnarjuna Rao, S/o J. Muneswara Rao, Aged about: 58 Yrs, Occ: Asst. Grade-I, Rio Flat No.2, 2nd Floor, 5-168/E, Sadguru Residency, Kamaiah Thopu, Kanur Road, Vijayawada. 3. A. Leeladhar Rao, S/o A.Venkat Rao, Aged about: 58 Yrs, Occ: Asst. Grade-I, R/o.Flat No.403, Omkar Residency, Opposite to IDPL Colony, APHB Colony, R.R. District, Telangana State. 4. A.Rahamathullah, S/o A.Babu Saheb, Aged about: 58 Yrs, Occ: Asst. Grade-I, R/o 16-71, Church Street, Kothapeta, Chandragiri Mandal, Tirupati, Chittoor District. 5. P.Narayana Reddy, S/o P. Sidda Reddy, Aged about: 58 Yrs, Occ: Asst. Grade-III Typist, R/o.Flat No.102, Asmitha Residency, Madhuranagar, Beramguda, Aminapur Mandal, Sanga Reddy District. ...Petitioners AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Civil Supplies Department, A.P. Secretariat, Velagapudi, Amaravathi Guntur District. 2. A P State Civil Supplies Corporation Limited, Regd.Office at 6-3- 655/1/A, Civil Supplies Bhavan, Somajiguda, Hyderabad - 500 082, represented by its Vice Chairman and Managing Director. 2 3. The Commissioner of Civil Supplies, and E.O. Secretary to Government of A.P. Consumer Affairs, Food and Civil Supplies Department, Regd.Office at 6-3-655/1/A, Civil Supplies Bhavan, Sornajiguda, Hyderabad. 4. The State of Telangana, rep. by its Chief Secretary to Government of Telangana, Secretariat, Hyderabad. 5. Union of India, Ministry of Personnel, PG & Pensions Department Of Personnel & Training, State Reorganization Division, Rep. by its Secretary to Government of India, 3rd Floor, Lok Nayak Bhavan, Khan Market, New Delhi. ...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 be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus i) declare that the Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.189 (5), dated 08.12.2015 keeping the Board of Directors Resolution No.185 (7) in abeyance is illegal, arbitrary and unjust and consequently set aside the same ii) declare that the petitioners are entitled to continue in service till they attain the age superannuation of 60 years in terms of Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.185 (7), dated 5.1.2015 and in terms of Section 3 of the A.P. Public Employees (Regulation of Age of Superannuation) (Amendment) Act, 2014 and (iii) consequently direct the respondents to continue the petitioners in service till they attain the age of superannuation of 60 years with all consequential benefits and to pass Counsel for the Petitioner: K JAYASREE Counsel for the Respondents: GP FOR CIVIL SUPPLIES (DEPUTY SOLICITOR GENERAL) Counsel for the Respondents: GP FOR CIVIL SUPPLIES (AP) The Court made the following order: 3 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.18300 of 2017 ORDER: The instant writ petition has been filed by the petitioners under Article 226 of Constitution of India, seeking the following main relief: “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus i) declare that the Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.189 (5), dated 08.12.2015 keeping the Board of Directors Resolution No.185 (7) in abeyance as illegal, arbitrary and unjust and consequently set aside the same ii) declare that the petitioners are entitled to continue in service till they attain the age superannuation of 60 years in terms of Board of Directors Resolution of Andhra Pradesh State Civil Supplies Corporation Limited Item No.185 (7), dated 5.1.2015 and in terms of Section 3 of the A.P. Public Employees (Regulation of Age of Superannuation) (Amendment) Act, 2014 and (iii) consequently direct the respondents to continue the petitioners in service till they attain the age of superannuation of 60 years with all consequential benefits and to pass ….” 2. The sum and substance of the writ petition is that the petitioners are seeking to continue their services up to the age of 60 years in the respondents Corporation. 3. This Court on 08.06.2017 passed the following interim order: “In view of the board resolution dated 08.12.2015 of the board of directors of 2nd respondent, resolving to extend the age of superannuation from 58 to 60 years, there shall be interim direction as prayed for.” 4. Today, when the matter is taken up for hearing, none appeared for the petitioners. 4 5. Per contra, Mr.Md.Saleem, the learned Standing Counsel appearing for the respondents submits that in view of interim orders passed by this Court, the petitioners were continued in service up to the superannuation age of 60 years. Thus, the cause in the writ petition does not survive for further adjudication. 6. Recording the said submission made by the learned Standing Counsel, the instant writ petition is closed. However, this order will not preclude the petitioners from taking recourse to law as permissible, if so advised. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date: 11.07.2025 Rns 5 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.18300 of 2017 Date:11.07.2025 Rns