APHC010307712016 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: Between: 1. SRI M. ANWAR BASHA,, S/ O. M. MAHABOOB KHAN, AGED ABOUT: 58 YEARS, OCC:- KADIRI, R/ O. D.NO. 3 PANCHAMUKHA ANJANEYASWAMY TEMPLE, KADIRI, ANANTHAPUR DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, ENERGY DEPARTMENT, A.P. SECRETARIAT BUILDINGS, HYDERABAD. 2. THE CHAIRMAN AND MANAGING DIRECTOR, A.P.TRANSCO, VIDYUTH SOUDHA, HYDERABAD. 3. THE CHAIRMAN AND MANAGING SOUTHERN POWER DISTRIBUTION COMPANY LTD., TIRUPATHI, ANDHRA PRADESH. 4. THE SUPERINTENDING ENGINEER, OPERATION, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LTD., ANANTHAPUR 5. THE DIVISIONAL ENGINEER, OPERATION, KADIR ANANTHAPUR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19175 OF 2016 SRI M. ANWAR BASHA,, S/ O. M. MAHABOOB KHAN, AGED ABOUT: -FOREMAN GR-I DIVISION OFFICE, APSPDCL, KADIRI, R/ O. D.NO. 3-310-11-K4, MARUTHINAGAR, NEAR PANCHAMUKHA ANJANEYASWAMY TEMPLE, KADIRI, ANANTHAPUR DISTRICT ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, ENERGY DEPARTMENT, A.P. SECRETARIAT BUILDINGS, HYDERABAD. THE CHAIRMAN AND MANAGING DIRECTOR, A.P.TRANSCO, VIDYUTH SOUDHA, HYDERABAD. THE CHAIRMAN AND MANAGING DIRECTOR, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LTD., TIRUPATHI, ANDHRA PRADESH. THE SUPERINTENDING ENGINEER, OPERATION, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LTD., THE DIVISIONAL ENGINEER, OPERATION, KADIRI, ANANTHAPUR, ANANTHAPUR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3504] FRIDAY,THE THIRTIETH DAY OF JANUARY THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM SRI M. ANWAR BASHA,, S/ O. M. MAHABOOB KHAN, AGED ABOUT: I DIVISION OFFICE, APSPDCL, K4, MARUTHINAGAR, NEAR PANCHAMUKHA ANJANEYASWAMY TEMPLE, KADIRI, ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, ENERGY DEPARTMENT, A.P. SECRETARIAT THE CHAIRMAN AND MANAGING DIRECTOR, A.P.TRANSCO, DIRECTOR, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LTD., TIRUPATHI, THE SUPERINTENDING ENGINEER, OPERATION, ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION COMPANY LTD., I, ANANTHAPUR, 6. THE ASSISTANT ACCOUNTS OFFICER, ERO, EAST & WEST APSPDCL, KADIRI, ANANTAPUR DISTRICT. ...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 an appropriate Writ, Order or a direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing retirement notice vide Lr.NO. SE/O/ATP/PO/Adm./S3/D.no.2815/14, dt: 19.02.2015 to the petitioner is contrary to the Provisions of Act 4 dated 27/06/2014 as illegal, arbitrary and ultra virus the Constitution of India, consequently direct the respondents to continue the petitioner upto 60 years of age in the interest of justice and pass IA NO: 1 OF 2016(WPMP 23515 OF 2016 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 direct the respondent to continue the petitioner in service in accordance with Act 4 of 2014 pending disposal of the main writ petition in the interest of justice and pass IA NO: 1 OF 2021 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 vacate the interim order dated 16.06.2016 WPMP.No.23515 of 2016 in WP.No.19175 of 2016 in the interest of justice and dismiss the writ petition as devoid of merits and pass Counsel for the Petitioner: 1. M JAYARAM REDDY Counsel for the Respondent(S): 1. V V SATISH (SC for APEPDCL) 2. GP FOR ENERGY (AP) 3. Venkata Rama Rao Kota SC FOR APSPDCL 4. V R REDDY KOVVURI(SC FOR APSPDCL) 5. ANUP KOUSHIK KARAVADI(SC FOR APTRANSCO) 6. JAGARLAMUDIKOTESWARIDEVI(SC FORAPSPDCL) 7. N SIVA REDDY(SC FOR APTRANSCO) The Court made the following: THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 19175 OF 2016 ORDER:- This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus declaring the action of the respondents in issuing retirement notice vide Lr.No. SE/O/ATP/PO/Adm./S3/D.No.2815/14, dt: 19.02.2015 to the petitioner is contrary to the Provisions of Act 4 dated 27/06/2014 as illegal, arbitrary and ultra virus the Constitution of India, consequently direct the respondents to continue the petitioner up to 60 years of age in the interest of justice…” 2. The Petitioner was working as Foreman, Grade-I in the Respondent/ Corporation and challenged the order Lr.No.SE/O/ATP/PO/Adm./S3/ D.No.2815/14, dt: 19.02.2015, wherein he was directed by the Respondents to superannuate at the age of 58 years. 3. Admittedly, the Respondent/ Corporation filed Counter- Affidavit, wherein Para 12 in Page No.10, it is categorically asserted that consequent to change of the policy of Respondent No.2, the Petitioner was reinstated into service with effect from 19.01.2018 (F.N) and thereafter, the Petitioner was demitted the office on attaining the age of superannuation of 60 years by receiving all eligible benefits from Respondent No.2/ Corporation Authorities. In proof of the same, the Respondents also annexed the superannuation proceedings dated 09.02.2018. 4. On considering the averments made in the counter-affidavit, it appears that the cause in the Writ Petition does not survive for further adjudication as the respondent Corporation reinstated the Petitioner into service by extending his age of superannuation up to 60 years and also the Petitioner has received all his terminal benefits from the Respondent Authorities. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _______________________________ MAHESWARA RAO KUNCHEAM, J Date: 30.01.2026 KK