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2026 DAILYLAW 3908 (AP)

SARIPALLI ESTHER RANI v. THE STATE OF ANDHRA PRADESH

WP/16458/2026 · 2026-06-22

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : -- Date of pronouncement : 23.06.2026 Date of uploading : 23.06.2026 APHC010314322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 23rd DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16458/2026 Between: 1. SARIPALLI ESTHER RANI, W/O GANGADHARARAO, AGE 60 YEARS, OFFICE SUBORDINATE, WORKING AT PADERU DIVISION, FOREST DEPT, ALLURU SEETHARAMARAJU DISTRICT-531024. 2. THUMPIRI PULLAPPA, S/O LAKSHMANNA, AGED 60 YEARS, ASSISTANT BEAT OFFICER, GANGINEPALLI BEAT, DHARMAVARAM SECTION, BUKKAPATNAM RANGE, SATY'ASAI DISTRICT-515671. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS SPECIAL CHIEF SECRETARY TO GOVT., ENVIRONMENT, FORESTS, SCIENCE ANDTECHNOLOGY DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. THE STATE OF A P, RE B ITS PRINCIPAL SECRETARY, FINANCE AND PLANNINGREP BY P Y P DEPARTMENT, A.P. SECRETARIAT, 1ST FLOOR, 2ND BLOCK, VELAGAPUDI, GUNTUR DIST-522238. 3. THE PRINCIPAL, CHIEF CONSERVATOR OF FOREST, ARYABHAVAN, GUNTUR, GUNTUR DISTRICT-522002. 4. THE DISTRICT FOREST OFFICER, , ALLURI SEETHARAMARAJU DISTRICT, PADERU-531024 5. THE DISTRICT FOREST OFFICER, SRI SATYA SAL DISTRICT, PUTTAVARTHY, SRI SATYASAI DISTRICT. 6. THE DISTRICT FOREST OFFICER, ANANTHAPURAM DISTRICT, ANANTHAPURAM. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned orders vide impugned orders Rc.No.3340/20041G4, dated 11.6.2026 of the 6th respondent regarding the 2 petitioner and action of the respondents not allowing the 1St petitioner after 30.6.2026 to her duties as office subordinate are as illegal, arbitrary, contrary to law, Violation of principles of natural justice, violation of Articles 14, 16 and 21 of constitution of India and set aside the same above impugned proceedings of the 5th respondent on the ground that while the cases of the petitioners are pending for active consideration for regularisation before the respondents 1 to 3 herein in light of G.O. Ms.No.114 Finance (HR.1 Plg. and Policy) Dept., Dt.21.10.2023 and further direct the respondents to continue the petitioners up to 62 years and pass such other orders. 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 to direct the respondents to continue the 1st petitioner as Office subordinate and 2nd petitioner as Assistant Beat Office (ABO) by suspending the impugned orders vide order Rc.No.3340120041G4, dated 11.6.2026 of the 6th respondent regarding the 2nd petitioner and pass such other order. Counsel for the Petitioner(S): 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16458 of 2026 ORDER: 1. The present Writ Petition is filed questioning the impugned Proceedings issued by Respondent No.6 vide Rc.No.3340/2004/G4, dated 11.06.2026 with regard to retirement of Petitioner No.2 and the action of Respondents in not allowing Petitioner No.1 after 30.06.2026 to attend her duties as Office Subordinate and pleased to declare the same as illegal and arbitrary. 2. The facts in brief are as follows; Petitioner No.1 was working as an Office Subordinate in Respondent Department since 20.09.2007 on contract basis and she is fully entitled for regularization. Petitioner No.1 along with 2 others filed W.P.No.2387 of 2025 before this Court and this Court disposed of the said case on 03.02.2025 directing the authorities concerned to consider their case for regularization in view of G.O.Ms.No.114, dated 21.10.2023. It is also stated that Petitioner No.1 is orally informed not to attend office on attaining the age of superannuation of 60 years. 3. Petitioner No.2 was appointed as Assistant Beat Officer in the Respondent Department on contract basis vide Proceedings No.3340/03/G4, dated 31.12.2004 by the Divisional Forest Officer, Ananthapuramu and since the date of appointment he is performing his duties to the utmost satisfaction of his superior officers. While so, Respondent No.6 issued the impugned Proceedings retiring Petitioner No.2 on the ground that he is crossing the age of 60 years and the case of Petitioner No.2 is not considered on par with 119 candidates on the ground of departmental proceedings are pending against him and as per G.O.Ms.No.114, dated 21.10.2023. It is stated that departmental proceedings are not bar for regularization. Hence, the present Writ Petition is filed. 4. Learned Assistant Government Pleader appearing for the Respondents would contend that the Petitioners are not entitled for continuing beyond 31.07.2025 as they were not regularized as on date. It was contended that as per G.O.Ms.No.15, dated 31.01.2022 the Andhra Pradesh Public Employment Regulation of Age of Superannuation Act, 1984 was amended by enhancing the age from 60 to 62 years would not apply to the case of the Petitioners. 5. Heard the respective counsels. 6. Initially, proposals were sent by the Principal Chief Conservator of Forests for regularization of 151 contract employees working in the Forest Department as on 02.06.2014 and still working as on 21.10.2023. As per G.O.Ms.No.22, dated 16.03.2024, the Government regularized 119 contractual employees, leaving the balance of 32 employees. The Petitioners are among the 32 employees and the Principal Chief Conservator of Forests for the second time on 07.02.2025 sent proposals for regularization of these 32 individuals. The cases of the 32 individuals including the Petitioners are under active consideration by the State Government. 7. Discontinuing the Petitioners at this stage would cause hardship to the Petitioners. In that view, this Court considering the peculiar scenario is inclined to dispose of the Writ Petition with following directions; (i) The Petitioner Nos.1 and 2 shall continue as Office Subordinate and Assistant Beat Officer respectively till Respondent No.1 decides on the aspect of their regularization; (ii) The Petitioners shall be paid salary as was paid till Government takes a decision for regularization of the Petitioners or till attaining the age of 62 years; (iii) No order as to costs. 8. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 23.06.2026 IS Whether the Order is: Speaking Reasoned Reportable Non-reportable THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16458 OF 2026 Date: 23.06.2026 IS