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High Court of Andhra Pradesh · body

2025 DAILYLAW 9829 (AP)

K. Krishna Rao, v. The State of Andhra Pradesh,

WP/5640/2025 · 2025-03-13

Challa Gunaranjan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

7\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF MARCH ((^ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5640 OF 2025 Between; K. Krishna Rao, S/o. K. Satyanarayana, Aged about 57 years, Occ: Technical Assistant CRD/06537, MGNREGS, R/o.D/o.No.2524/8 Surya Nagar, Street 4**^ line Behind, Srividya School, Yeleswaram Mandal, East Godavari District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Panchayat Raj & Rural Development A.P. Secretariat, Amaravati, Guntur District. The Project Director, DWMA and AddI DPC NREGSAP, East Godavari District, Kakinada. The Commissioner, Rural Development NREGS, Mangalagiri, Andhra Pradesh. The Mandal Parishat Development Officer NREGS, Prathipadu Mandal Kakinada. 1. 2. 3. 4. ...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, to declare the action of the Respondents in not considering the representation dt. 22.01.2025 made by the Petitioner to enhance the age of superannuation from 60 years to 62 years along the regular employee of the same department, as illegal, arbitrary against Articles 14, 21 of Constitution of India and against ail settled principles of law and consequently direct the Respondents to consider representation dt. 22.01.2025 and enhance the age of superannuation from 60 years to 62 years aiong the regular employee of the same department. lA NO: 1 OF 202S the -V Petition under Section 151 CPC praying that in the circum'stances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to consider dt. 22.01.2025 and enhance the age of superannuation from 60 years along the regular employee of the same department, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI KALLA TULASI DURGAMBA Counsel for the Respondent No.1: ASST.GP FOR SERVICES-I Counsel for the Respondent Nos.2 to 3: Counsel for the Respondent No.4: SRI YARRAGUNTLA KOTESWARA ROA, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following: ORDER the representation years to 62 • APHC010109702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] THURSDAY, THE THIRTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 5640/2025 Between: K. Krishna Rao, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1.GP FOR SERVICES I 2 The Court made the following order: This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “...to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the Respondents in not considering the representation dt.22.01.2025 made by the Petitioner to enhance the age of superannuation from 60 years to 62 years along the regular employee of the same department, as illegal, arbitrary against Article 14, 21 of Constitution of India and against all settled principles of law and consequently direct the Respondents to consider the representation dt.22.01.2025 and enhance the age of superannuation from 60 years to 62 years along the regular employee of the same department and to pass such other order orders....” or 2. Heard Kalla Tulasi Durgamba, learned counsel for the petitioner and learned Assistant Government Pleader for Services-I for respondents. 3. The petitioner has been appointed as Technical Assistant in the organization of respondent on 23.04.2008, on contractual basis and for the last seventeen years he has been discharging duties. The 4*^ respondent by memo dated 21.02.2025, has intimated the petitioner’s superannuation on 31.03.2025. 4. Learned counsel for the petitioner, while drawing attention to proceedings No.3044/SRDS/HR2018 dated 29.01.2019, issued by Chief Executive Officer of the Society for Rural Development 3 Services, which recorded the minutes of the Board meeting held on 10.12.2018, by which the retirement age of Fixed Tenure Employees (FTEs) working under the MGNREGS and Watershed schemes has been fixed as sixty (60) years, has placed reliance on G.O.Ms.No.15 dated 31.01.2022. Since the Government has enhanced the age of superannuation to Government employees from sixty (60) to sixty two (62) years, the case of petitioner is also to be considered on par with Government employees. The petitioner has made a representation dated 24.01.2025 to the 2 nd respondent for considering the enhancement of age of superannuation from sixty (60) to sixty two (62) years, which is stated to be pending consideration. Sri M.S.R Chandra Murthy, learned Standing Counsel for respondent Nos.2 to 4 submits that as the petitioner is not a Government Employee, the benefit granted in terms of G.O.Ms.No.15 dated 31.01.2022 or any other orders issued by the Government, will have no application. Further, the representation submitted by the petitioner would be considered in accordance with law. Fie further submits that in view of the representation made by the petitioner, even the 2"^ respondent has forwarded the said request to 3'^ respondent for consideration. 5. 4 rd merits of matter, the Writ Petition is disposed of, directing the 3 respondent to consider and pass appropriate orders on representation dated 22.01.2025, submitted by the petitioner in accordance with law, within a period of ten (10) days from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. Sd/- P.VINOD KUMAR assistant registrar //TRUE COPY// N OFFICER SE To, 1. The Principal Secretary, Department of Panchayat Raj & Rural Development, State of Andhra Pradesh Secretariat, Amaravati, Guntur District. 2. The Project Director, DWMA & Add! DPC NREGSAP, East Godavari District, Kakinada. 3. The Commissioner, Rural Development NREGS, Mangalagiri, Andhra Pradesh. 4. The Mandal Parishat Development Officer NREGS, Prathipadu Mandal Kakinada. 5. One CC to Sri Kalla Tulasi Durgamba, Advocate [OPUC] 6. Two CCs to GP for Services-I, High Court of Andhra Pradesh. [OUT] 7. One CC to Sri Yarraguntia Koteswara Roa, SC for ZPP, MPP & Gram Panchayat. [OPUC] 8. Three CD Copies. gi w HIGH COURT DATED: 13/03/2025 ORDER WP.No.5640 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS