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2026 DAILYLAW 12717 (AP)

MALEM PEDA RAGAIAH v. The State of Andhra Pradesh

WP/27921/2026 · 2026-09-28

Nyapathy Vijay

body2026

Judgment text

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1 VJ,J W.P.No. 27921 of 2026 Dated 29.09.2026 APHC010511672026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 29th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27921 OF 2026 Between: 1. MALEM PEDA RAGAIAH, S/O MALEM VENKAIAH, AGED ABOUT 60. YEARS, OCC TIME SCALE WORKER, CATTLE BREEDING FARM, CHADALAVADA VILLAGE, N.G. PADU MANDAL, PRAKASAM DISTRICT. RIO SC COLONY, SANTHANUTHALAPADU MANDALM, BODPALEM, PIDTHALAPAGDI PADU, PRAKASAM ANDHRA PRADESH- 523225. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVT. ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238 2. THE DIRECTOR OF ANIMAL HUSBANDRY, ANDHRA PRADESH, VIJAYAWADA, KRISHNA DISTRICT - 520010 3. THE DISTRICT ANIMAL HUSBANDRY DEPARTMENT OFFICER, ANDHRA PRADESH, PRAKASAM 523001. 4. THE DEPUTY DIRECTOR, CATTLE BREEDING FARM, CHADALAWADA, PRAKASAM DISTRICT 523183 ...RESPONDENT(S): 2 VJ,J W.P.No. 27921 of 2026 Dated 29.09.2026 Counsel for the Petitioner: 1. A RAJENDRA BABU Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 VJ,J W.P.No. 27921 of 2026 Dated 29.09.2026 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27921 OF 2026 ORDER: 1. The present Writ Petition is filed by the Writ Petitioner questioning the proceedings dated 28.07.2026 of respondent No.4 permitting the petitioner to retire from Government Service on attaining the age of 60 years by showing the date of retirement as 30.09.2026 and instructing the 4th respondent to relieve the petitioner on the said date is arbitrary, illegal and colourable exercise of power and contrary to A.P Public Employment (Regulation Superannuation) (Amendment), Act, 2022 and consequently direct the respondents No.3 and 4 to continue the petitioner in government service upto 62 years. 2. The petitioner was appointed as casual labour on 17.02.2011 and has been discharging his duties to the best of his ability. While so, vide proceedings Rc.No.189/B/2026, dated 28.07.2026 issued by respondent No.4, petitioner was permitted to retire from service on attaining the age of 60 years i.e., on 30.09.2026. Questioning the same, the present writ petition is filed. 3. Learned Counsel for the Petitioner Would submit that the issue involved in the Writ Petition is covered by the order dated 21.07.2026 passed by this Court in W.P.No. 21240 of 2026 and also in W.P.No.12413 of 2025 and 4 VJ,J W.P.No. 27921 of 2026 Dated 29.09.2026 batch and requested to pass a similar order in this Writ Petition also. W.P.No. 12413 of 2025 and batch was 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”. 4. Learned Assistant Government Pleader for Services-I does not dispute the same. 5. In view of the same, the present Writ Petition is also disposed of in terms of the order, dated 21.07.2026 passed by this Court in W.P.No.12413 of 2025 and batch. There shall be no order as to costs. 6. Registry is directed to attach copy of the order, dated 21.07.2026 passed by this Court in W.P.No.12413 of 2015 and batch to this order. As a sequel, the miscellaneous petitions, if any, shall stand dismissed. _______________________ JUSTICE NYAPATHY VIJAY Dated:29.09.2026 KS 5 VJ,J W.P.No. 27921 of 2026 Dated 29.09.2026 79 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27921 OF 2026 Dated 29.09.2026 KS