Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 6168 (AP)

P KRISHNA MURTHY v. THE STATE OF AP

WP/33329/2025 · 2026-07-23

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Date of reserved for orders : 13.07.2026 Date of pronouncement : 24.07.2026 Date of uploading : 24.07.2026 APHC010644792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE 24th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 33329/2025 Between: 1. P KRISHNA MURTHY, S/O SRI VENKAT RAMULU, AGE 59 YEARS, OCC EMTS PROGRAMME ASSISTANT, HDPP, THIRUMALA THIRUPATHI DEVASTHANAM THIRUPATHI, CHITTOOR DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE ENDOWMENTS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, VELAGAPUDI, GUNTUR DISTRICT 2. THE COMMISSIONER OF ENDOWMENTS, VELAGAPUDI, GUNTUR DISTRICT 3. THE EXECUTIVE OFFICER, THIRUMALA THIRUPATHI DEVASTHANAM, THIRUPATHI, CHITTOOR 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 a writ order or direction especially one 2 in the nature of Writ of Mandamus declaring that a) the action of the Respondents in not continuing the Petitioner in service till he attains the age of 62 years of superannuation as illegal, arbitrary, discriminatory and violation of Article 14 and 16 of Constitution of India. b) further declare that Petitioner shall continue as Programme Assistant in the Respondent Office, till he attains the age of superannuation of 62 years in terms of G.O.Ms.No.37, dated 29.01.2024 and in pursuance of the clarification issued by 2nd Respondent to the 3rd Respondent vide Letter in Rc.No.C1/13027(43)/44/2025, dated 23.10.2025 and pass such other orders. 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 petitioner in service as Programme Assistant till he attains the age of superannuation of 62 years in terms of G.O.Ms.No.37, dated 29.01.2024 and in pursuance of the clarification issued by 2nd Respondent to the 3rd Respondent vide Letter in Rc.No.C1/13027[43]/44/2025, dated 23.10.2025, pending disposal of the Writ Petition and pass such other orders. Counsel for the Petitioner: 1. SRINIVASA RAO MADIRAJU Counsel for the Respondent(S): 1. GP FOR SERVICES II 2. V.DYUMANI (SC for TTD) The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.33329 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not continuing the Petitioner in service till he attains the age of 62 years of superannuation and to declare the same as illegal and arbitrary. 2. The facts in brief are as follows; The Petitioner was initially appointed as Purana Pandit in the year 1997 as a Trainee in Tirumala Tirupati Devasthanams, Tirupati, Chittoor District. Thereafter, the Petitioner was appointed as Purana Pandit in Dharma Prachara Parishad, Tirumala in the year 2000. After working upto the year 2005, the Petitioner was appointed as Coordinator and subsequently appointed as Programme Assistant. Though the Petitioner had been working since 1997, his services were not regularized, but minimum time scale attached to the said post was extended from time to time. On attaining the age of 60 years, the services of the Petitioner were dispensed with in spite of representations and that he had been working for over 28 years. The learned counsel for the Petitioner relied upon various orders passed by the Coordinate Benches of this Court in support of his contentions. 4 3. In the Counter-Affidavit filed by Respondent No.3, it is stated that the Petitioner was appointed as Coordinator initially as per T.T.D. Board Resolution No.285, dated 23.09.2004 and Notification No.PR4/2381/Adv- 350/2005, dated 02.02.2005 in Hindu Dharma Prachara Parishad (HDPP) on contract basis. Later, vide Resolution No.184, dated 01.06.2026, the Petitioner was re-designated as Programme Assistant on payment of Rs.5,000/- per month for 11 months on contract basis. The contract was extended from time to time. 4. It is also stated that the Petitioner was extended the minimum time scale attached to the post under Revised Pay Scales, 2015. As regards the age of superannuation, it is stated that the TTD employees are governed by Tirumala Tirupati Devasthanams Employees Service Rules, 1989 vide G.O.Ms.No.1060, Revenue (Endowments-1), dated 24.10.1989 and HDPP employees are governed by G.O.Ms.No.107, Revenue (Endowments-1) Department, dated 03.02.1993. It is further stated that the age of superannuation would vary from organization to organization and in the absence of any specific amendment to the Rules, no employee especially, contract employee can claim the age of superannuation upto the age of 60 years. 5. Heard the counsels. 5 6. The Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 was amended in the year 2022 and the reasons for the enhancement of age of superannuation is the increased age of life expectancy to 70 years. This is of relevance for this case and the statement of objects and reasons are extracted below; “The age of superannuation of Government employees has been prescribed as 55 years vide the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984. For the Last Grade Service employees, the age of superannuation has been fixed as 60 years. The Principal Act has been further amended during the year 2014 enhancing the age of superannuation from 58 years to 60 years to the State Government employees etc., w.e.f 02.06.2014 vide the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014 (Act No.4 of 2014). There has been significant improvement in the average life expectancy compared to that in 2014. As per the World Health Organization, the global average life expectancy in 2019 around 73 years and the average Indian lived up to 70 years. There has been improved health conditions in general also. It is considered that in order to utilize the experience and expertise of the senior employees and considering the increased life expectancy and improved health conditions in general, proposed to enhance the current age of superannuation of 60 years to 62 years to all the State Government employees covered under the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) 6 Act, 1984 and to give effect to the decision from 01.01.2022. In order to give effect to the above, it is necessary to promulgate an ordinance.” 7. Thereafter, the State Government issued G.O.Ms No.45, dated 02.07.2026 extending the benefit of enhanced age of superannuation to all the regular employees of the PSUs, Corporations and Societies included under Schedules IX and X of the Andhra Pradesh Reorganization Act-2014. The Schedules IX and X of the Act have 89 entities and 107 entities respectively and all the regular employees of the Government and Government-owned entities are now entitled to the enhanced age of superannuation. 8. The principal reason for enhancement of age as per the statement of objects and reasons of the Amendment Act 4 of 2022 as highlighted above, is on account of increased life expectancy and improved health conditions in general and it is on this principle only that the age of superannuation for regular Government employees and Government- owned entities was enhanced vide G.O.Ms No.45 dated 02.07.2026. 9. The age of superannuation of the employees of TTD is governed by Tirumala Tirupati Devasthanams Employees Service Rules, 1989 vide G.O.Ms.No.1060, Revenue (Endowments-1), Dated 24.10.1989. The Rule 12(i) thereof reads as under; 7 Superannuation: (I) The age of superannuation of every employee of Tirumala Tirupati Devasthanams shall be regulated by the provisions of the Andhra Pradesh Public Employment [Regulations of age of Superannuation Act, 1984] (Act 23 of 1984) amended from time to time. 10. The above Rule is “legislation by reference” and the amendments to the age of superannuation of Government employees would automatically apply to the employees of T.T.D. A similar issue was considered by the Division Bench while considering the age of superannuation of employees of A.P. Housing Board. In the said cases, Section 16 of the A.P. Housing Board was examined, and this Court held that the employees of the A.P. Housing Board were entitled to the benefits of enhanced age of superannuation on par with Government employees. 11. Though, the Petitioner is engaged on contract basis, considering the longevity and that the services rendered by the Petitioner are for more than 20 years, the retirement of Petitioner merely on attaining age of 60 years, while continuing similarly placed regular employees is discriminatory, going by the core reason of “increased life expectancy and improved health conditions in general” for enhancing age of superannuation for government employees as extracted above. 8 12. Therefore, the Writ Petition is disposed of, with the following directions; i) The Respondents are directed to forthwith consider to reinstate and continue the services of the Petitioner till attaining the age of superannuation upto 62 years; ii) The Petitioner shall be entitled to salary from the date of reinstatement only. iii) No order as to costs. 13. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 24.07.2026 IS 9 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.33329 of 2025 Date: 24.07.2026 IS