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2026 DAILYLAW 4473 (AP)

PAPISETTY JANARDHANARAO v. The State of Andhra Pradesh

WP/16985/2026 · 2026-06-28

Nyapathy Vijay

body2026

Judgment text

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1 Date of reserved for orders : - Date of pronouncement : 29.06.2026 Date of uploading : APHC010323332026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 29th DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16985/2026 Between: 1. PAPISETTY JANARDHANARAO, S/O BRAMHAIAH, AGED ABOUT 59 YEARS, ASSISTANT BEAT OFFICER ( ABO), O/A DACHURU SECTION, RAPUR RANGE, NELLORE (T) DIVISION, SPSR NELLORE DISTRICT- 524001.. ...PETITIONER 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, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING 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, NELLORE DISTRICT, NELLORE- 524001. ...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 action of the respondents not allowing the petitioner after 30.6.2026 to his duties as Assistant Beat Officer under the 4th 2 respondent as illegal, arbitrary, contrary to law, Violation of principles of natural justice, violation of Article 14, 16 and 21 of constitution of India and further direct the respondents to continue the petitioner till 62 years, on the ground that the case of the petitioner is 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 vide proceedings Rc. No. 21796120061HR-3 dated 7.2.2025 and pass 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 petitioner as Assistant Beat Office (ABO) up to 62 Years and pass Counsel for the Petitioner: 1. T V V KOTESWARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16985 OF 2026 ORDER:- The present Writ Petition is filed declaring the action of the respondents in not permitting the petitioner to continue his duties as Assistant Beat Officer under the respondent No.4 with effect from 30.06.2026, on the ground that he is attaining the age of 60 years, as illegal and arbitrary. 2. The Petitioner was initially appointed as Assistant Beat Officer on contract basis and the same was being extended from time to time. While so, an Act was issued “Andhra Pradesh Regularization of Services of Contract Employees Act, 2023, (in short “the Act”) which provided for regularization of Contract Employees. 3. Learned counsel for the Petitioner would further submit that the proposals were sent by 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 reason for non-consideration of the Petitioner‟s case for regularization was „under scrutiny‟. In the proposals sent by the Principal Chief Conservator of Forests for the second time on 07.02.2025 for regularization of 32 individuals, the name of the Petitioner was also included. It is on this ground that the Petitioner is questioning the 4 impugned proceedings as his case for regularization is under active consideration. 4. Learned Assistant Government Pleader for the Respondents would contend that the Petitioner is not entitled for continuing beyond 30.06.2026 as he was 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 Petitioner. 5. Having heard the respective counsel and considering the fact that the issue of regularization of the Petitioner is under active consideration by the Government, the Petitioner would have to face hardship, in the event, regularization is with effect from 01.04.2024. 6. In that view, this Court considering peculiar scenario is inclined to dispose of the Writ Petition with following directions: (i) The Petitioner shall continue as Assistant Beat Officer till the Respondent No.1 decides on the aspect of regularization of the Petitioner; (ii) The Petitioner shall be paid salary as was paid, till Government takes a decision for regularization of the Petitioner or till attaining the age of 62 years. 5 7. With the above directions, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 29.06.2026 CM✓/PS/APS – Vns Whether the order is: Speaking ✓ Reasoned Reportable Non-reportable ✓