APHC010501572026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 22nd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27262/2026 Between: 1. G.BABA FAKRUDDIN,, S/O.PEDDA RAJA, AGED ABOUT 60 YEARS, R/O.OBAYAPALLI, ALIDANA, VEERAPANAYANAPALLI,ALIDENA, YSR KADAPA DISTRICT, ANDHRA PRADESH-516289. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522237. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT - 522237. 3. THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LIMITED APSPDCL, REP., BY ITS CHAIRMAN AND MANAGING DIRECTOR, 0/0.19-13-65/A, SRINIVASAPURAM, TIRUCHANOOR ROAD TIRUPATI, ANDHRA PRADESH - 517501. 4. THE CHIEF GENERAL MANAGER, HRD WING, APSPDCL, 0/O.D.NO.L9-13-65/A, TIRUCHANOOR ROAD, SRINIVASA PURAM, TIRUPATHI - 517501. 5. THE SUPERINTENDIRIG ENGINEER OPERATION, APSPDCL, KADAPA, YSR KADAPA DISTRICT-516001. 6. THE EXECUTIVE ENGINEER OPERATIONS, APSPDCL, PRODATTUR, YSR KADAPA DISTRICT-516360. 2 7. THE CHAIRMAN AND MANAGING DIRECTOR, APTRANSCO, 0/O.VIDYUTHSOUDHA, GUNADALA, ELURU ROAD, VIJAYAWADA - 520004. 8. THE JOINT MANAGING DIRECTOR, HR AND ACLMINK APTRANSCO, VIDYUTH SOUDHA, GUNADALA ELURU ROAD, VIJAYAWADA - 520004. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ i) Declaring the action of the Respondents in retiring the Petitioner from service w.e.f., 30.09.2026 on attaining the age of 60 years vide Memo dated 27.01.2025 as illegal, arbitrary and contrary to G.O.Ms. No.15, dated 31.01.2022 and G.O.Ms. No.45, dated 02.07.2026 and set-aside the same and ii) Declaring that the Petitioner is entitled to continue in service as per G.O.Ms. No.45, dated 02.07.2026, since the said GO is applicable to all the employees of the Institutions mentioned in IX and X Schedules of the AP Re-Organization Act, 2014, and Consequently, direct the Respondents to continue the Petitioner in service till he attains the age of 62 years with all consequential benefits, IA NO: 1 OF 2026 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 SUSPEND the Memo No.EE/0/PDR/JAO/Adm/S1/D.No./38/25, dated:27.01.2025 in so far as the Petitioner is concerned, with a further direction to continue the Petitioner in service Pending disposal of the Writ Petition Counsel for the Petitioner: 1. NAIDU SIVA RAMA KRISHNA Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR SERVICES I 3. GP FOR SERVICES II The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27262 OF 2026 ORDER: The Writ Petition is filed questioning the action of the Respondents in proposing to relieve the Petitioner on 30.09.2026, on attaining the age of 60 years instead of 62 years, as illegal and arbitrary. 2. The Petitioner is working as a Lineman in A.P. Southern Power Distribution Corporation Limited (for short, ‘APSPDCL’). The Government, amended the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, and enhanced the age of superannuation to 62 years to all the regular employees of the Government. 3. Subsequently, the State Government issued G.O.Ms.No.45 Fin (HR.IV-FR&LR) Department, dated 02.07.2026, enhancing the age of regular employees of entities listed in schedule IX and X of the Andhra Pradesh Reorganization Act, 2014. In the light of the above, the Petitioner seek for enhancement of age of superannuation for 62 years from 60 years. 4. Learned Standing Counsel appearing for Respondent Nos.3 to 6 would submit that the Respondent Authorities had constituted a Six Member Committee on 20.07.2026 vide T.O.O (Addl.Secy-Per) Ms No.4321, for examining the feasibility of enhancement of age of superannuation for employees of the Andhra Pradesh Power Utilities. 5. Heard the learned counsels. 4 6. In the light of the above, the present Writ Petition is disposed of with the following directions: i) The Respondents shall continue the Petitioner till the age of 62 years or till a comprehensive decision is taken by the Committee, constituted vide T.O.O (Addl.Secy-Per) Ms No.4321, dated 20.07.2026, for enhancement of the age of superannuation from 60 to 62 years, as the case may be. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed. _________________________ JUSTICE NYAPATHY VIJAY Date: 22.09.2026 Pmk 5 143 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27262 of 2026 Date: 22.09.2026 Pmk