APHC010522992026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 1st DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 28395/2026 Between: 1. M J MERCY, W/O K. BHUSHANAM , AGED ABOUT 60 YEARS, OCC. TIME SCALE WORKER, 0/O.THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION,GORAKSHNAPETA, RAJAMAHENDRAVARAM. E.G. DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522 238 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, FINANCE (HR.IV-FR AND LR) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 522 238 3. THE ENGINEERINCHIEF, PH AND ME DEPARTMENT, 7TH FLOOR, APCRDA PROJECT OFFICE, RAYAPUDI, TULLURMANDAL, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH.522237 4. THE SUPERINTENDENT ENGINEER, PUBLIC HEALTH CIRCLE,GORAKSHNAPETA, RAJAMAHENDRAVARAM, .E.G. DISTRICT.533 101 2 5. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, GORAKSHNAPETA, NEAR TWIN RESERVOIR, RAJAMAHENDRAVARAM. E.G. DISTRICT 533 101 ...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 toissue a writ or order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 5threspondent in issued the retirement notice wherein to retire the petitioner from service from 30.09.2026 vide proceedings. No. 962 M/A. 23/EC/2026 dated 05.08.2026 on attaining the age of 60 years as illegal, arbitrary, discriminatory and violative of principles of natural justice and consequentially direct the respondents to continue the petitioner till the age of 62 years as per G.O.Ms.No.15 Finance (HR. IV-. FR and LR) Departmentdated 31.01.2022 with all consequentialbenefits 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 direct the respondents to continue the petitioner in service up to the age 0f62 years by suspending the impugned Memo No.962 M/A. 23/EC/2026 dated 05.08.2026 pending disposal of the above Writ Petition Counsel for the Petitioner: 1. EATHAKOTA VENKATA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES IV 2. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.28395 of 2026 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent-Authorities in not continuing the services of the Petitioner 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 is at present working as a Time Scale Worker in the office of the Executive Engineer, Public Health Division, Gorakshanapeta, and she has completed more than 15 years of service. It was submitted that the Minimum Time Scale was also extended to her, and she is discharging full-time duties as a Time Scale Worker. The grievance of the Petitioner now is that her services were sought to be disengaged on the ground that the Petitioner is attaining the age of 60 years and that the benefit of the 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 her. Hence, the Writ Petition came to be filed. 4 3. Learned counsel for the Petitioner 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 W.P.No.12413 of 2025 and batch, with the consent of both the learned 5 counsel, the present Writ Petition is disposed of, at the admission stage, 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: 01.10.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 98 WRIT PETITION No.28395 of 2026 Dated:01.10.2026 chs