1 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE SEVENTEENTH DAY OF MARCH / TWO THOUSAND AND TWENTY FIVE \ PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION Nos.5793. 5794. 5795. 5796. 5798. 5799 and 5801 of 2025 WRIT PETITION NO: 5793 OF 202fi Between: vears°R/o'^f1l'JnTi'77^l°i;j®(£’ Ramaswamy, Aged about 62 Si, GmPur Distrfct ' Ithanagar, YSR Circle, ...Petitioner AND P""“PP' Secretary to VelagaTudrAm^rav'atP"""'”" Secretariat Buildings 2. The State of Andhra Pradesh, Rep by its. Principal Secretary to VelagaTudfArnTra^aT"' gS Dfe?ricf University. Rep, by its Registrar, Nagarjuna Nagar, Naga'^^gS Nagarjuna AWIC MdinJTt Shavan, Behind APiiu Building, IT Park, Mangalagiri, Guntur District. ...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 Writ of Direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not finalizing and releasing the retirement benefits of the petitioner as Assistant Registrar 7 // 2 including the payment of pension, gratuity and encashment of leaves as contrary to law, illegal, arbitrary and violation of principles of natural Justice and consequently direct the Respondents to release and retirement benefits to the petitioner including payment of pension, gratuity ’ and encashment of leaves etc., with interest. etc. pay lA NO: 1 OF 2Q2fi 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 settle and release the retirement benefits to the petitioner including payment of pension, gratuity, and encashment of leaves etc., basing on the undisputed and admitted age of superannuation pending disposal of writ petition. Counsel for the Petitioner: SRI POSANI VENKATESWARULU SENIOR COUNSEL FOR SRI POSANI AKASH Counsel for the Respondents 1, 2 & 5: GP FOR SERVICES I & Counsel for the Respondents 3 & 4: SRI M. CHALAPATHI, SC for NAGARJUNA UNIVERSITY II WRIT PETITION NO: 5794 OF 2025 Between: Lakshmi, W/o. Abbineni Ratnakar, Aged about 62 Years, R/o. D.No. 32-2-10/DI Sree Towers ‘ Vijayawada, Krishna District C3 Mogalarajupuram, ...Petitioner AND P'''ncipal Secretary to Xapudf AP Secretariat Buildings 2. The State of/^dhra Pradesh, Rep by its. Principal Secretary to Government Department of Finance, AP Secretariat Buildings Velagapudi, Amaravati. ^ ’ 3 gS '‘® N^S^n^na Nagar, ‘^' Saga^r^GunTur arslrte?®"^^ APnr R^IiiHfnJTT 1^"?®,^"'^ Accounts, floor, Nidhi Bhavan APIIC Building, IT Park, Mangalagiri, Guntur District. Behind ...Respondents Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ of Direction of Mandamus declaring the action of the respondents in not finalizing and releasing the retirement benefits of the petitioner as Assistant Registrar including the payment of pension, gratuity and encashment as contrary to law, illegal, arbitrary and violation of justice and consequently direct the Respondents retirement benefits to the petitioner including payment of pension, gratuity and encashment of leaves etc., with interest. praying that in may more particularly in the nature of Writ of leaves etc. principles of natural to release and pay lA NO: 1 OF 2025 Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the petition, the High Court may be settle and release the retirement pleased to direct the Respondents to benefits to the petitioner including encashment of leaves etc., basing on the undisputed and admitted superannuation pending disposal of writ petition. payment of pension, gratuity, and age of Counsel for the Petitioner: SRI POSANI VENKATESWARULU SENIOR COUNSEL FOR SRI POSANI AKASH Counsel for the Respondents 1, 2 & 5: GP FOR SERVICES Counsel for the Respondents 3 & 4: SRI M. CHALAPATHI, SC for NAGARJUNA UNIVERSITY l&ll 7 4 WRIT PETITION NO: 5795 OF 2Q2fi Between: Rfo^D ^urendara Rao, Aged about 62 years K/o. D.No. 5-57-50, line Cobald pet, Arundalpeta, Guntur District. ^ ...Petitioner AND Pradesh, Rep by its. Principal Secretary to VeragTudrAm^?i;at7''“°" Secretariat Buildings, 2. The State of Andhra Pradesh, Rep by its. Principal Secretary Government Department of Finance, AP Secretariat Buildings Velagapudi, Amaravati. to Guntili)^ DtetrfcT^"® University, Rep. by its Registrar. Nagarjuna Nagar, Naga7&Dis1rftf®'^^ Nagarjuna University (ANU), Nagarjuna APMc'S'jildinrl^'^^pirV M®"'* I*' Flooh Nidhi Bhavan, Behind APiiu Building, IT Park Mangalagiri, Guntur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ of Direction Mandamus declaring the action of the may more particularly in the nature of Writ of respondents in not finalizing and releasing the retirement benefits of the including the payment of pension, gratuity and encashment petitioner as Senior Assistant of leaves etc., as contrary to law, illegal, arbitrary and violation of principles of natural justice and consequently direct the Respondents retirement benefits to the petitioner including payment and encashment of leaves etc., with interest. to release and pay of pension, gratuity. lA NO: 1 OF 207.^ Petition under Section 151 CPC stated in the affidavit filed in support of the petition, the High Court praying that in the circumstances may be 5 pleased to direct the Respondents to settle and release the retirement benefits to the petitioner including payment of pension, gratuity, and encashment of leaves etc., basing on the undisputed and admitted age of superannuation pending disposal of writ petition. Counsel for the Petitioner: SRI POSANI VENKATESWARULU SENIOR COUNSEL FOR SRI POSANI AKASH Counsel for the Respondents 1, 2 & 5: GP FOR SERVICES I & II Counsel for the Respondents 3 & 4: SRI M. CHALAPATHI, SC for NAGARJUNA UNIVERSITY WRIT PETITION NO: 5796 OF 2025 Between: Tadiboyina Sivannarayana, S/o. Sriramulu, Aged about 62 D.No.6-43, Kaza, Guntur District. years, R/o. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government Higher Education Department, A.P.Secretariat Buildings Velagapudi, Amaravati. ^ 2. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Department of Finance, AP Secretariat Buildings Velagapudi, Amaravati. ’ ^ GSorstricT'^"^ University, Rep. by its Registrar, Nagarjuna Nagar, Nagar^iuntu^r Dislrter^^^ Nagarjuna University (ANU), Nagarjuna Tp?,r'Jf'iS''' Accounts, 1« Fioor, Nidhi Bhavan APIIC Building, IT Park, Mangalagiri, Guntur District. Behind ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ of Direction may more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not finalizing and 6 releasing the retirement benefits of the petitioner as Assistant Registrar including the payment of pension, gratuity and encashment of leaves etc., as contrary to law, illegal, arbitrary and violation of principles of natural justice and consequently direct the Respondents to release and retirement benefits to the petitioner including payment of pension, gratuity, and encashment of leaves etc., with interest. lA NO: 1 OF 202/> pay Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be pleased direct the Respondents to settle and release the retirement benefits to the petitioner including payment of pension, gratuity, and encashment of leaves etc., basing on the undisputed and admitted age of superannuation pending disposal of writ petition. Counsel for the Petitioner: SRI POSANI ^ VENKATESWARULU SENIOR COUNSEL FOR SRI POSANI AKASH Counsel for the Respondents 1, 2 & 5: GP FOR SERVICES I & II Counsel for the Respondents 3 & 4: SRI M. CHALAPATHI, SC for NAGARJUNA UNIVERSITY WRIT PETITION NO: 5798 OF 2Q2fi Between: years, ...Petitioner AND 7 3. Acharya Nagarjuna University, Rep. by its Registrar, Nagarjuna Nagar Cjuntur District. 4. The Reg^^strar, The Acharya Nagarjuna University (ANU) Naqari Nagar, Guntur District. / a j ^'■p^suries and Accounts, Floor, Nidhi Bhavan, APIIC Building, IT Park Mangalagiri, Guntur District. una Behind ...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 Writ of Direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not finalizing and releasing the retirement benefits of the petitioner as Superintendent including the payment of pension, gratuity and encashment of leaves etc., as contrary to law, illegal, arbitrary and violation of principles of natural justice and consequently direct the Respondents to release retirement benefits to the petitioner including payment of pension, gratuity and encashment of leaves etc., with interest. and pay lA 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 settle and release benefits to the petitioner including payment of encashment of leaves etc., basing on the undisputed and admitted age of superannuation pending disposal of writ petition. the retirement pension, gratuity, and Counsel for the Petitioner: SRI POSANI VENKATESWARULU SENIOR COUNSEL FOR SRI POSANI AKASH Counsel for the Respondents 1, 2 & 5: GP FOR SERVICES I Counsel for the Respondents 3 & 4: SRI M. CHALAPATHI, SC for NAGARJUNA UNIVERSITY &II 8 WRIT PETITION NO: 5799 OF 2()7Fi Between: vear^Rto Lakshmaiah, Aged about 62 years, R/o. H.No.8-657, Indiraiavari veedhi, Mangalagiri, Guntur. ...Petitioner AND ^ ■ roLml® °I R®P by its- Principal Secretary to VelagTp^udrAmimv^ati Secretariat Buildings 2. The State of Andhra Pradesh, Rep by its. Principal Secretary to XaTudrAm^^ravr* G?ntuT orstricf University, Rep. by its Registrar, Nagarjuna Nagar, Saga^r^tt Kslrfcf""^" ^"9'ribna APnrRlJiMinJT7l“"v®.«"'‘'^?“bnts, 1"> Floor, Nidhi Bhavan, Behind APIIC Building, IT Park, Mangalagiri, Guntur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ of Direction may more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not finalizing and the petitioner as Library Assistant releasing the retirement benefits of including the payment of pension, gratuity and encashment of leaves etc. as contrary to law, illegal, arbitrary and violation of principles of natural to release and payment of pension, gratuity justice and consequently direct the Respondents retirement benefits to the petitioner including and encashment of leaves etc., with interest. pay lA NO: 1 OF 7()9fi Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances m support of the petition, the High Court may be 9 pleased to direct the Respondents to settle and release the retirement benefits to the petitioner including payment of pension, gratuity, and encashment of leaves etc., basing on the undisputed and admitted age of superannuation pending disposal of writ petition. Counsel for the Petitioner: SRI POSANI VENKATESWARULU SENIOR COUNSEL FOR SRI POSANI AKASH Counsel for the Respondents 1, 2 & 5: GP FOR SERVICES I & II Counsel for the Respondents 3 & 4: SRI M. CHALAPATHI, SC for NAGARJUNA UNIVERSITY WRIT PETITION NO: 5801 OF 2025 Between: Syed Muneer, C/o. Syed Ahmed, Aged about 62 years, R/o. F No 401 Nakshtra Apartment, 4'^ line Shop Employees Colony, Kaparti Nagar, ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its. Principal Secretary to Government, Higher Education Department, AP Secretariat Buildings Velagapudi, Amaravati. ’ 2. The State of Andhra Pradesh, Rep by its. Principal Secretary to Government, Department of Finance, AP Secretariat Buildings Velagapudi, Amaravati. ’ ^ Guntur Dis?r?ct^'*^'^^ University, Rep. by its Registrar, Nagarjuna Nagar, 4. The Registrar, The Acharya Nagarjuna University (ANU), Nagariuna Nagar, Guntur District. / a j APnr Nidhi Bhavan, Behind APIIC Building, IT Park Mangalagiri, Guntur District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue Writ of Direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not finalizing and may 10 releasing the retirement benefits of the petitioner as Computer Operator encashment of leaves etc., of principles of natural to release and payment of pension, gratuity including the payment of pension, gratuity and as contrary to law, illegal, arbitrary and violation justice and consequently direct the Respondents retirement benefits to the petitioner including and encashment of leaves etc., with interest. pay lA NO: 1 OF 7n9R Petition under Section 151 CPC stated in the affidavit filed i praying that in the circumstances in support of the petition, the High Court may be settle and release the retirement pleased to direct the Respondents to benefits to the petitioner including encashment of leaves etc., basing on the undisputed and admitted superannuation pending disposal of writ petition. payment of pension, gratuity, and age of Counsel for the Petitioner: SRI POSANI VENKATESWARULU SENIOR COUNSEL FOR SRI POSANI AKASH Counsel for the Respondents 1, 2 & 5: GP FOR SERVICES I & II Counsel for the Respondents 3 & 4: SRI M. CHALAPATHI, SC for NAGARJUNA UNIVERSITY The Court made the following common order: APHC010110752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] MONDAY, THE SEVENTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION Nos.5793. 5794, 5795, 5796, 5798, 5799 and 5801 of 2025 W.P.No.5794 of 2025: Between: Yellamanchi Dhana Lakshmi ...PETITIONER AND The State of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioners: 1.POSANI AKASH Counsel for the Respondent(S): 1.GP FOR SERVICES I & II 2.M.CHALAPATH1 SC For Nagarjuna University The Court made the following: COMMON ORDER: All these writ petitions raise common issue, therefore, the same have been disposed of together by this common order. Brief facts in W.P.No.5794 of 2025, as a leading case, are 2. narrated as follows; Petitioner initially appointed as Junior Assistant in 3^^ 3. respondent University and later retired from service as Assistant \ V 2 CGR, J. W.P.Nos.5793 to 5796, 5798, 5799 & 5801 of 2025 Registrar. The age of superannuation initially was fixed as 60 years, later, the 3'^ respondent by proceedings, dated 01.02.2022, is said to have adopted G.O.Ms.No.15, dated 31.01.2022, issued by the 2 respondent enhancing the age of superannuation from 60 years to 62 years. As petitioner has completed 60 years by end of July, 2022, she was continued in service though crossed 60 years, however, when 3'^ respondent later sought to withdraw the previous proceedings, dated 01.02.2022 and superannuated, the petitioner and similarly situated non-teaching staff, who completed 60 years as on 31.01.2022, approached this Court, in particular, petitioner filed W.RNo.31714 of 2022, in which, this Court passed interim order, dated 28.09.2022, allowing the petitioner to continue till she attain the age of 62 years. The said writ petition is pending consideration. Now, petitioner has attained superannuation on 31.07.2024 on completion of 62 years. Petitioner has requested respondents 3 and 4 to finalise her retirement benefits including the pension, gratuity, encashment of leave etc., but, however, the same are not settled so far. nd 4. Similar is the case with the petitioners in other writ petitions. Heard Sri Posani Venkateswarlu, learned senior counsel, assisted by Sri Posani Akash, learned counsel for the petitioners; 5. 3 CGR, J. W.P.Nos.5793 to 5796, 5798, 5799 & 5801 of 2025 learned Assistant Government Pleaders for Services-I and II and Sri M.Chalapathi, learned Standing Counsel for 3"'^ respondent University, for the respondents. Sri Posani Venkateswarlu, learned senior counsel, appearing 6. on behalf of petitioners, submits that since petitioners have completed the age of superannuation of 62 years, though the issue of superannuation of non-teaching staff whether be 60 or 62 years is subject matter in other batch of writ petitions, petitioners retirement benefits cannot be retained on the said pretext and even by confining the age of superannuation as 60 years, which the 3'''^ respondent University intends to apply, petitioners should be settled with the retirement benefits. Sri M.Chalapathi, learned Standing Counsel for the 3'^'^ respondent University, placed on record written instructions, dated 15.03.2025, relevant part of the said instructions read as follows: 7. “The Government of Andhra Pradesh issued G.O.Ms.No.15 Finance (HR.IV-FR&LR) Department, dated 31.01.2022 for enhancement of age of superannuation from 60 years to 62 years. The Respondent University has continued the petitioner. But, the Government of A.P. has clarified that the above should applicable only to the State Government employees not to the others vide Cir. Memo.No.1813129/FIN01-HR/212/2022/HR-IV, dated 23.09.2022. \ T 4 CGR, J. W.P.Nos.5793 to 5796, 5798, 5799 & 5801 of 2025 The Respondent University has ordered to relieve those who have completed 60 years of age. The petitioner and other 12 Non-Teaching staff have filed W.P.No.31714 of 2022 before Hon’ble High Court of Andhra Pradesh. The Hon’ble High Court of A.P has passed interim orders to continue the Petitioners till the age of 62 years. The Government of AP has issued G.O.Ms.No.10 Higher Education (UE) Department, dated 14.02.2024 for enhancement of age of superannuation of age from 60 years to 62 years to the Non- Teaching staff of Universities with prospective effect only i.e., 14.02.2024. Accordingly, the respondent University has relieved them from service. The Petitioner and others approached Hon’ble High Court and filed W.P.No.5318 of 2024. The Hon’ble High Court has passed orders to continue the writ petitioners herein in terms of the interim orders passed in Writ Petition Nos.31714, 32532 & 35490 of 2022 and 9770 of 2023. Accordingly, the respondent University has continued the petitioners and paid all the salaries even during their gap period also. The petitioner was relieved from the service on 31.07.2024 at the age of 62 years. Now, the petitioner and others are requesting to settle their pension and their retirement benefits. Among some of them are approached Hon’ble High Court in W.P.No.1374 of 2025 to settle their retirement benefits. All the above writ petitions are pending before Hon’ble High Court of A.P, in the above issue. Unless to decide the 2 service of them, it is difficult to pay their retirement benefits. Meanwhile the respondent University can process the provisional pension subject to the outcome of final orders of the Hon’ble High Court of A.P., in Writ Petition Nos.31714. 32532 & 35490 of 2022 and 9770 of 2023 and 1374 of 2025. years (emphasis by this Court) 5 CGR, J. W.P.Nos.5793 to 5796, 5798, 5799 & 5801 of 2025 Learned Standing Counsel for 3^'^ respondent University based 8. on aforesaid written instructions submits that the controversy as to age of superannuation is pending consideration in a batch of writ petitions before this Court, therefore, petitioners claim for retirement benefits cannot be considered treating the age of superannuation as 62 years, however, they are willing to process the retirement benefits considering the age of superannuation as 60 years. ■ N \ Since petitioners have already retired from service after attaining the age of 62 years, though the issue as to whether superannuation be 60 years or 62 years is pending adjudication 9. before this Court in other batch of writ petitions, petitioners’ retirement benefits considering the age of superannuation or retirement age as As 3'’^ respondent 60 years cannot be withheld and retained. University is canvassing the age of retirement as 60 years, they are directed to process the claim of the petitioners for their retirement benefits considering the age of superannuation as 60 years and make payments accordingly. These payments made shall, however, be subject to out come in Writ Petition Nos.31714, 32532 & 35490 of 2022: 9770 of 2023 and 1374 of 2025 and batch, where the age of superannuation from 60 years to 62 years is being adjudicated and in case petitioners succeed, they shall be entitled to be paid retirement 6 CGR, J. W.P.Nos.5793 to 5796, 5798, 5799 & 5801 of 2025 benefits considering the age of superannuation in accordance with the aforesaid judgment. 10. Accordingly, all these writ petitions stand disposed of. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. SD/- K SRINIVASA RAJU ASSISTANT REG RAR //TRUE COPY// SEC To N OFFICER Stale^of An^^^ Education Department, Amaravati, GuXottrict Buildings, Velagapudi, of Andhra Pradesh^APSe^etSiarM^ Finance, State Guntur District. ^^''d>ngs, Velagapudi, Amaravati, Nagarjuna University Nagarjuna Nagar, Guntur (ANU), Nagarjuna 6. One CC to Sri Posani Akash Advocate [OPUC] Nagarjuna University [OPUC] High Court of Andhra Pradesh. [OUT] II, High Court of Andhra Pradesh [OUT] 7. One CC to Sri M. Chalapathi, SC for 8. Two CCS to GP for Services I, 9. Two CCs to GP for Services 10. Three CD Copies RAM 12 HIGH COURT DATED: 17/03/2025 COMMON ORDER WRIT PETITION Nos.5793, 5794, 5795, 5796, 5798, 5799 and 5801 of 2025 g 21 MAR 2025 ^ . Current ^tion ■> disposing all the WPs WITHOUT COSTS