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2026 DAILYLAW 12529 (AP)

ANANTHAGIRI SRINIVASARAO v. The State of Andhra Pradesh

WP/13405/2026 · 2026-09-27

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010249362026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13405/2026 Between: 1. ANANTHAGIRI SRINIVASARAO, S/O VENKATA SUBBAIAH, AGED ABOUT 59 YEARS, OFFICE SUBORDINATE, ANGALAKUDURU GRAMAPANCHAYAT, ANGALAKUDURU, TENALI MANDAL, GUNTUR DISTRICT-522307. 2. THOTA PRASAD, S/O KUTUMBARAO, AGE 59 YEARS, JUNIOR ASSISTANT. ANGALURU GRAMAPANCHAYAT, GUDLAVALLERU MANDAL, KRISHNA DISTRICT- 521356. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DIST- 522238 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT-522501. 3. THE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT, GUNTUR-5225001 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER M P D O, TENALI MANDAL, GUNTUR DISTRICT 522307. 5. THE ANGALAKUDURU GRAMAPANCHAYAT, REP BY ITS 2 SECRETARY, ANGALAKUDURU, TANALI MANDAL, GUNTUR DISTRIC-522307. 6. THE DISTRICT PANCHAYAT OFFICER, KRISHNA DISTRICT, MACHILIPATNAM KRISHNA DISTRICT- 521001. 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, GUDLAVALLERU MANDAL, KRISHNA DISTRICT- 521356 8. THE ANGALURU GRAMAPANCHAYAT, REP BY ITS SECRETARY, ANGALURU GUDLAVALLERU MANDAL, KRISHNA DISTRICT-521356. ...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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents not continuing the 1st petitioner as Office Subordinate up to 62 years and 2nd petitioner as Junior Assistant, as is illegal, arbitrary, contrary to law and violation of Provisions of Constitution of India, Article 14, 16 and 21 of Constitution of India and further direct the respondents to continue the 1 petitioner as Office subordinate in the respondent Gramapanchayat and 2nd petitioner Junior Assistant in the respondent Gramapanchayat up to 62 years by considering the G.O. Ms. No. 15 dated 31/01.2022 and pay the all attendant and consequential benefits to the petitioner and pass 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 pleased to direct the respondents continuing the 1 petitioner as Office subordinate in the 5threspondent Gramapanchayat and 2nd petitioner as Junior Assistant in the 8th respondent Gramapanchayat up to 62 years and pay the consequential and attendant benefits to the petitioners and pass Counsel for the Petitioner(S): 1. T V V KOTESWARA RAO 3 Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.13405 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent-Authorities in not continuing the services of the Petitioners and in not extending the benefit of enhanced age of superannuation (60 to 62 years) as per G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022, as illegal and arbitrary. 2. The Petitioner No.1 is working as an Office Subordinate in Angalakuduru Gram Panchayat, while Petitioner No.2 is working as a Junior Assistant in Angaluru Gram Panchayat, and they have completed more than 30 years of service. It was submitted that the Minimum Time Scale was also extended to them, and they are discharging full-time duties as Office Subordinate and Junior Assistant, respectively. The grievance of the Petitioners now is that their services were sought to be disengaged on the ground that the Petitioners are attaining the age of 60 years and that the benefit of enhanced age of superannuation, i.e., from 60 to 62 years, as per G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022, was not being extended to them. Hence, the Writ Petition came to be filed. 5 3. Learned counsel for the Petitioners relied on the Judgment, dated 21.07.2026 in W.P.No.12413 of 2025 and batch to support his contention. 4. Learned Assistant Government Pleader for Services does not dispute the same. 5. This Court disposed of the W.P.No.12413 of 2025 and batch, directing the State Government to examine the issue and to take a conscious decision about enhancement of age up-to 62 years to non- regular employees working for a substantial number of years in State departments and State owned/controlled entities. The relevant portion of the order reads as under:- “10. In the light of the above, the Writ petitions are disposed of with the following directions:- (i) The State Government shall examine the issue and take a conscious decision about enhancement of age upto 62 years to non-regular employees working for a substantial number of years in State departments and State owned/controlled entities; (ii) Till such time, the petitioners/non-regular employees in service shall be continued or till they attain the age of 62 years; (iii) The petitioners who have retired on attaining the age of 60 years may be considered for re-engagement till 62 years in the event no alternative arrangement is made.” 6. In the light of the same, as the issue involved in the present Writ Petition is squarely covered by the order, dated 21.07.2026, passed in 6 W.P.No.12413 of 2025 and batch, the present Writ Petition is disposed of in terms of the said order. 7. The Registry is directed to append a copy of the order, dated 21.07.2026, passed in W.P.No.12413 of 2025 and batch, to this order. 8. No order as to costs. 9. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 28.09.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 111 WRIT PETITION No.13405 of 2026 Dated:28.09.2026 chs