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2026 DAILYLAW 5981 (AP)

Chinnam Chithambarappa v. The Andhra Pradesh State Co-Operative Rural Irrigation Corporation Limited,

WP/13353/2025 · 2026-07-20

Nyapathy Vijay

Special Leave Petitionbody2026

Judgment text

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Date of reserved for orders : -- Date of pronouncement : 21.07.2026 Date of uploading : 21.07.2026 APHC010240162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 13353/2025 Between: 1. CHINNAM CHITHAMBARAPPA, S/O C P BABAIAH, AGED 60 YEARS, OCC- DEPUTY EXECUTIVE ENGINEER, WORKING IN A.P.SAMAGRA SIKSHA, SRI SATYA SAI DISTRICT, (ANANTHAPURAM DISTRICT). ...PETITIONER AND 1. THE ANDHRA PRADESH STATE COOPERATIVE RURAL IRRIGATION CORPORATION LIMITED, REP. BY ITS MANAGING DIRECTOR. NTR COLONY, NEAR GOVT GENERAL HOSPITAL VIJAYAWADA, KRISHNA DISTRICT- 520008 2. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, AGRICULTURE AND CO-OPERATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 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 direction more particularly one in the nature of writ of Mandamus (a) declaring the entire action of the respondents, in not extending the benefit of age of superannuation up to 62 years in terms of orders issued by the Govt. In G.O.Ms.No.15 Finance (HR.IV-FR and LR) Department dated 31.01.2022 despite of request of the petitioners is as highly illegal, arbitrary, unjust, improper, contrary to orders issued in G.O.Ms.No.138 dated 08.08.2017 and judgment of Hon’ble Apex Court in S.L.P Nos. 14033-14034 of 2017 dated 05-05-5.05.2017 including orders of Honble Apex Court in SLP.No.13623/2017, dated 09.08.2017 in the matter of applicability of age of superannuation to the petitioner on par with Government servants (b) and further hold that the petitioner herein is entitled for continuation of his services up to the age of 62 years in terms of orders issued by the Govt. vide G.O.Ms.No.15 Finance (HR.IV-FR and LR) Department dated 31.01.2022 on account that in earlier, the services of all employees working in corporations/societies included in the IX and X Schedules of the A.P. Reorganization Act, vide G.O.Ms.No.138 Finance (HR.IV-FR) dated 08.08.2017, extended the benefit of superannuation on par with Govt. servants including petitioner and the Hon’ble Apex Court also held that, the corporation employees also entitled for such enhancement of age of superannuation on par with Govt., servants. c) and consequently to direct the respondents to continue the services of the petitioner till up to the age of 62 years with all consequential benefits by extending the same benefit that was extended to the employees in G.O.Ms.No.15 Finance (HR.IV-FR and LR) Department dated 31.01.2022 keeping in view of the earlier orders issued in G.O.Ms.No.138 Finance (HR.IV-FR) dated 08.08.2017, r/w orders of Hon’ble Apex Court in SLA(c) Nos.14033-14034/2017 dated 29.01.2020 as well as orders of Hon;ble High Court in WP.No.3021/20018 dated11.10.2018 and to pass such other orders. 3 IA NO: 1 OF 2025 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 services of the petitioner till up to the age of 62 years with all consequential benefits by extending the same benefit that was extended to the employees in G.O.Ms.No.15 Finance (HR.IV- FR&LR) Department dated: 31.01.2022 keeping in view of the earlier orders issued in G.O.Ms.No.138 Finance (HR.IV-FR) dated 08.08.2017, r/w orders of Hon’ble Apex Court in SLA(c) Nos.14033-14034/2017 dated: 29.01.2020 as well as orders of Hon’ble High Court in WP.No.3021/2018 dated:11.10.2018 and to pass such other orders. Counsel for the Petitioner: 1. T S N SUDHAKAR Counsel for the Respondent(S): 1. GP FOR SERVICES II 2. K NARSI REDDY The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.13353 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not extending the benefit of age of superannuation upto 62 years as per G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022, and to declare the same as illegal and arbitrary. 2. The Petitioner is working as Deputy Executive Engineer in A.P. Samagra Siksha, Ananthapuramu, Ananthapuramu District under the control of Respondent No.1-Corporation and seeks for extension of age of superannuation of 62 years as per the G.O., referred above. 3. At the time of hearing, learned counsel for the Petitioner as well as the learned Standing Counsel appearing for Respondent No.1-Corporation would submit that as per G.O.Ms.No.45, Finance (HR.IV-FR & LR) Department, dated 02.05.2026, the Petitioner is entitled for extension of age of superannuation upto 62 years. 5 4. G.O.Ms.No.45, Finance (HR.IV-FR & LR) Department, dated 02.05.2026 was issued by the State Government extending the benefit of enhancement of age of superannuation from 60 to 62 years for regular employees of PSUs, Corporations and Societies included under Schedules IX and X of the Andhra Pradesh Reorganization Act, 2014 retrospectively with effect from 01-01-2022 with certain conditions. Paragraph No.4 of the said G.O., is extracted below; “4. Under these circumstances, Government has reviewed and examined the legal implications, financial burden on state exchequer and administrative considerations in the said organizations. After careful examination of all issues involved, hereby accord in principle approval for enhancement of age of superannuation from 60 to 62 years for regular employees of PSUs, Corporations and Societies included under Schedules IX and X of the Andhra Pradesh Reorganization Act-2014 retrospectively with effect from 01-01-2022 subject to the following: (i) Employees who retired on attaining 60 years shall be re-inducted/continued up to 62 years, wherever applicable. (ii) Necessary amendments to service rules shall be carried out by the institutions/societies/corporations, as applicable.” 6 5. In view of the same, the Writ Petition is disposed of, directing the Respondents to take note of G.O.Ms.No.45, dated 02.05.2026 and continue the Petitioner in service till he attains the age of 62 years. 6. No order as to costs. 7. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 21.07.2026 IS 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.13353 of 2025 Dated: 21.07.2026 IS