APHC010134062025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 16th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 6962/2025 Between: 1. MAHAMMAD IBRAHIM KHALEEL,, AGE 60 YEARS, S/O.MOHAMMAD DADU SAB, OCCUPATION- WORK CHARGED WATCHMAN, ANDHRA PRADESH HOUSING BOARD, VIJAYAWADADIVISION, R/O.D.NO.13-165-1, ANJALI NAGAR, GUNTAKAL, ANANTHAPUR DISTRICT, ANDHRA PRADESH. PIN-515801 ...PETITIONER AND 1. ANDHRA PRADESH 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, BHAVANIPURAM, VIJAYAWADA, ANDHRA PRADESH -520012. 6. THE GENERAL MANAGER, ANDHRA PRADESH RAJIV SWAGRUHA CORP LTD. D.NO.6/700-1, BHARAT SCOUTS AND GUIDES, SANKARAPURAM, KADAPA, ANDHRA PRADESH - 516001 ...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 doesnt 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 .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 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 may be graciously pleased to suspend the retirement proceedings Proc.No.12/W.C.Estt/Retirement/EE-VJA/2025 Dated 01.03.2025 and direct the Respondents to continue the Petitioner in 3 service up to 62 years on par with the other employees of the Andhra Pradesh Housing Board 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): 1. Y V SRINIVASAN(SC FOR AP HOUSING BOARD) The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.6962 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondents in not enhancing the age of superannuation of the Petitioner from 60 years to 62 years, as illegal and arbitrary. 2. The Petitioner is working as work charged watchman in Respondent-Board. While so, the State Government had issued G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022 enhancing the age of superannuation to the State Government employees from 60 to 62 years. The Petitioner claims for enhancement of his age of superannuation in terms of the said G.O. Hence, the present Writ Petition came to be filed. 3. Heard the counsels. 4. The State Government had recently issued G.O.Ms.No.45, (Finance (HR.IV-FR&LR) Department), dated 02.07.2026 according 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. 5 5. In view of the implementation of the aforesaid G.O, this Writ Petition is disposed of, with the following directions:- (i) The Respondent-Authorities are directed to continue the Petitioner till he attains an age of 62 years and shall pay the salary as per his entitlement. 6. No order as to costs. 7. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 16.07.2026 chs Whether the order is: Speaking ✔ Reasoned Reportable Non-reportable ✔ 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 116 WRIT PETITION No.6962 of 2025 Dated:16.07.2026 chs