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2026 DAILYLAW 25392 (AP)

KALLA ANANDA RAO v. AP HOUSING BOARD

WP/29145/2024 · 2026-02-09

Battu Devanand, Subhendu Samanta

body2026

Judgment text

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APHC010557802024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3565] TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE BATTU DEVANAND THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 29145/2024 Between: 1. KALLA ANANDA RAO, AGE 60 YEARS, S/O.KALLA SADHU RAO, OCCUPATION. WORK CHARGED WORK INSPECTOR, GR.LV- ANDHRA PRADESH HOUSING BOARD, VISAKHAPATNAM DIVISION R/O.D.NO.55-3-7, H.B. COLONY, YELLAMMA TEMPLE, OLD VENKOJI PALEM, VISAKHAPATNAM (URBAN), ANDHRA PRADESH. PIN-530022 ...PETITIONER AND 1. AP HOUSING BOARD, DOOR NO.521, PRASADAMPADU, VIJAYAWADA REP BY ITS VICE CHAIRMAN AND HOUSING COMMISSIONER. 2. THE VICECHAIRMAN AND HOUSING COMMISSIONER, ANDHRA PRADESH HOUSING BOARD, DOOR NO.521, PRASADAMPADU, VIJAYAWADA. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE (HR.IV-FR AND LR) SECRETARIAT, VELAGAPUDI, AMARAVATI 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, URBAN HOUSING, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2 5. THE EXECUTIVE ENGINEER HOUSING, ANDHRA PRADESH HOUSING BOARD, Q.NO.7, 20 A LAST BUS STOP, KRISHNA COLLEGE ROAD, MADDILAPALEM, VISAKHAPATNAM, ANDHRA PRADESH - 530022. ...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 tomay be graciously pleased to issue a writ order or direction more particularly the one in the nature of writ of Mandamus declaring the inaction on the part of respondents in enhancing the age of superannuation from 60 years to 62 years for the employees working in 2nd respondent Organisation in terms of G.O.Ms No. 15 dated 31.01.2022 issued by the 1st respondent, the subsequent Memo. No. AP Ordinance 01/B6/APHB/2022 dated 27-09- 2022 issued by the Respondent No.2 and the clarification given by Respondent No.3 vide Cir. Memo. NO.1813129/FIN01-HR/212/2022-HR-IV dated 23-09-2022 which starts with a non obstante clause which doesnot synchronize with G.O.Ms. No.15 dated 31-01-2022 or the Andhra Pradesh Ordinance No.1 of 2022 dated 31-01-2022, an ordinance which was issued to amend the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 as arbitrary, self contradictory and is violative of Articles 14, 16, 21 and 23 of the Constitution of India and consequently direct the respondents to enhance the age of superannuation of the petitioner from 60 years to 62 years on par with the Government employees in terms of G.O.Ms No.15 dt 31.01.2022 issued by the 1st respondent, without any break in service, with full back wages, all allowances and with all consequential benefits and to pass IA NO: 1 OF 2024 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 may be graciously pleased to suspend the retirement proceedings Lr.No.AI/WC Estt./Retirement/EE-VSP/2024 Dated 04.12.2024 and direct the Respondents to continue the Petitioner in service up to 62 years in the interest of justice, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. BALA MURALI KRISHNA P Counsel for the Respondent(S): 3 1. GP FOR SERVICES IV 2. GP FOR SERVICES I -15561/AP/15561/2017 3. Y V SRINIVASAN(SC FOR AP HOUSING BOARD) The Court made the following: 4 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO.29145 of 2024 ORDER:(Per Hon’ble Sri Justice Battu Devanand) Mr. P.Bala Murali Krishna, learned counsel for the petitioner sought permission of this Court to withdraw this Writ Petition, in view of the subsequent developments happened during the pendency of this Writ Petition. 2. The statement of the learned counsel for the petitioner is placed on record. 3. Accordingly, the Writ Petition is dismissed as withdrawn. 4. It is made it clear that the petitioner is at liberty to ventilate his grievances, if any, in accordance with law, if so advised. 5. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE BATTU DEVANAND ____________________________ JUSTICE SUBHENDU SAMANTA Date:10.02.2026 SA/SCS 5 46 THE HON’BLE SRI JUSTICE BATTU DEVANAND & THE HONOURABLE SRI JUSTICE SUBHENDU SAMANTA WRIT PETITION NO: 29145/2024 Date: 10.02.2026 SA/SCS