APHC010092022017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17280/2017 Between: 1. KONDETIVENKATESWARARAO, S/O. LATE K. NARAYANA MURTHY, AGED ABOUT 58 YEARS, OCC.: JUNIOR ASSISTANT, STEP SWASAKTHI, GUNTUR, RIO. D.NO. 12-26, KONDAVEETIVARIPALEM (V), DHULIPUDI POST, NAGARAMMANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH REP BY ITS, SPECIAL CHIEF SECRETARY TO GOVERNMENT, YAT &C(YS) SPS DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH REP BY ITS PRINCIPAL SECRETARY, TO GOVERNMENT, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. ANDHRA PRADESH SOCIETY FOR TRAINING EMPLOYMENT, PROMOTION (APSTEP) REP. BY ITS MANAGING DIRECTOR, APSEB CITY CENTRE COLONY, DOOR NO. 39-2-19A/12, BEHIND LANE M.V.R. MALL, BANDAR ROAD, LABBIPET, VIJAYAWADA. 520010. 4. THE SPECIAL COMMISSIONER OF YOUTH SERVICES MANAGING, DIRECTOR, APSTEP, APSEB CITY CENTRE COLONY, DOOR NO. 39- 2-19A/12, BEHIND LANE M.V.R. MALL, BANDAR ROAD, LABBIPET, VIJAYAWADA. 520010. 5. THE DISTRICT COLLECTOR CHAIRMAN STEP, SWASAKTHI,GUNTUR DISTRICT. 6. THE CHIEF EXECUTIVE OFFICER, STEP, SWASAKTHI, DRDA 2 COMPOUND, OPP: INSPECTION BUNGALOW, GUNTUR ...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 toto issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring that the petitioner is entitled to be continued in service with all consequential benefits up to the age of sixty years with all consequential benefits in accordance with law, statutory prescription and on the analogy of Orders granted by the Hon'ble Supreme Court of India in respect of similarly situated employees in SLP No. 14033- 14044/2017 dated 05-05-2017 by duly setting aside the impugned Notice of retirement served upon the petitioner vide Proceeding No. 7B/Establishment/STEP/2017 dated 01-05-2017 issued by the 6th respondent and the related Memo No. 443/APSTEP/2014 dated 23-01-2017 of the 41h respondent as being arbitrary, illegal, unjust, discriminatory, contrary to the provisions of A.P. Public Employment (Regulation of Age of Superannuation) Act, 1984 as amended from time to time and in violation of Articles 14 and 16 of the Constitution of Indiain the interest of justice and to pass such other order or orders as the Hon'ble Court may deem fit and proper. Counsel for the Petitioner: 1. V RAVICHANDRAN Counsel for the Respondent(S): 1. GP FOR SERVICES I (AP) 2. GANGULA ASHOK KUMAR REDDY (SC FORAPSTEP) ORDER: This writ petition is filed seeking the following main prayer: “…declaring that the petitioner is entitled to be continued in service with all consequential benefits up to the age of sixty years with all consequential benefits in accordance with law, statutory prescription and on the analogy of Orders granted by the Hon'ble Supreme Court of India in respect of similarly situated employees in SLP No. 14033-14044/2017 dated 05-05-2017 by duly setting aside the impugned Notice of retirement served upon the petitioner vide Proceeding No. 7B/Establishment/STEP/2017 dated 01-05- 2017 issued by the 6th respondent and the related Memo No. 443/APSTEP/2014 dated 23-01-2017 of the 41h 3 respondent as being arbitrary, illegal, unjust, discriminatory, contrary to the provisions of A.P. Public Employment (Regulation of Age of Superannuation) Act, 1984 as amended from time to time and in violation of Articles 14 and 16 of the Constitution of Indiain the interest of justice and to pass such other order or orders as the Hon'ble Court may deem fit and proper...…” 2. Heard arguments of learned counsel for the petitioners and learned Assistant Government Pleader for Tourism who is also representing the Andhra Pradesh Society for Training and Employment Promotion (APSTEP). 3. The learned counsel for the petitioners submits that all the petitioners herein are working in different cadres in the A.P. Society. Hereinafter, for the sake of brevity, referred to as “APSTEP”. In fact, “APSTEP” comes under Article 12 of the Constitution of India. It has also been listed as one of the institution in Schedule IX of the A.P. Reorganization Act, 2014. 4. The learned counsel for the petitioners further submits that the Government of Andhra Pradesh has taken an administrative policy decision to enhance the age of superannuation of the employees from 58 years to 60 years with effect from 02.06.2014, thereby issued G.O.Ms.No.138 dated 08.08.2017, Finance (HR.IV-FR) Department. The learned counsel submits that, vide G.O.Ms.No.138, dated 08.08.2017, the Government of Andhra Pradesh has accorded in-principle approval to enhance the age of superannuation to 60 years to the employees, who are working in IX and X schedule institutions, subject to the condition that corporations /societies shall amend their relevant regulations/Bye -laws accordingly. 4 5. The learned counsel for the petitioners also brought to the notice of this Court regarding the enhancement of age of employees towards superannuation orders passed by the Hon’ble Apex Court in Civil Appeal Nos.10273 of 2017 and batch, wherein the Hon’ble Supreme Court of India after taking into consideration the subsequent events, pleased to pass the following orders on 09.08.2017. “8. Be that as it may, learned counsel appearing for the State of Andhra Pradesh has today brought to our notice an order dated 08.08.2017 issued the Government of Andhra Pradesh whereby such employees have been granted the benefit of continuance up to 60 years of age. It has been ordered that the "said order dated 8.8.2017 shall come into force with effect from 02.06.2014" 9. In that view of the matter, we do not think it necessary to retain these appeals in this Court any further. The stand of the Government is very clear. The Government Order dated 08.08.2017 permitting the employees to continue up to the age of 60 years has come into effect with effect from 2.6.2014. Therefore, all employees who have superannuated on account of attainment of age of 58 years on 02.06.2014 or thereafter are entitled to the protection of their service up to 60 years of age and naturally to all consequential benefits arising therefrom. 10. The appeals are, accordingly, disposed of.” 6. The learned counsel for the petitioners further submits that the 1st respondent by taking into account all the aspects, issued G.O.Ms.No.5 dated 04.06.2020, Youth Advancement Tourism and Culture (Sps., & Ys) Department, where under the 1st Respondent - Government extended the 5 benefit of the enhancement of age of superannuation from 58 to 60 years to the employees of APSTEP and District Society for Training and Employment Promotion (DSSTEP) working in entire Andhra Pradesh state and permitting to reinstate the employees who retired on completion of 58 years of age and who have left over service to attain 60 years of age as on date, duly amending the Service Rule No. 22 and 27 of District SSTEP and APSTEP, subject to the condition to place the matter before the next managing committee meeting of APSTEP for the purpose of ratification. 7. The learned Assistant Government Pleader for Tourism, who is also representing the APSTEP, has not disputed the same. 8. Therefore, by taking into consideration of all the above facts and circumstances, in view of the Hon’ble Apex Court Orders dated 09.08.2017 and keeping in view the parameters made in G.O.Ms.No.5 dated 04.06.2020, the present writ petition is allowed and the petitioners are eligible to get their service along with the consequential benefits till they attain the age of 60 years, if not already paid to them. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. ___________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date:08.01.2026 GVK 6 126 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.17280 of 2017 Date:08.01.2026 GVK