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2026 DAILYLAW 6664 (AP)

K ESWARAMMA v. THE MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT

WP/15924/2025 · 2026-07-26

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010313732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 27th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15924/2025 Between: 1. K ESWARAMMA, D/O CHANDRAYYA (LATE), R/O 37-10- 32/1, P.R. GARDEN, AYYAPPA NAGAR, INDUSTRIAL ESTATE POST, VISAKHAPATNAM, AP-530077. ...PETITIONER AND 1. THE MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, GOVERNMENT OF ANDHRA PRADESH SECRETARIAT BUILDINGS, AMARAVATHI, VELAGAPUDI, GUNTUR DISTRICT.AP 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP ., BY THE COMMISSIONER, TENNETI BUILDING NEAR RTC COMPLEX VISAKHAPATNAM. AP 3. THE ADDITIONAL COMMISSIONER FINANCE, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM TENNETI BUILDING NEAR RTC 2 COMPLEX VISAKHAPATNAM. AP. 4. AP CORPORATION FOR OUTSOURCING SERVICESAPCOS, REPRESENTED BY ITS MANAGING DIRECTOR, 2ND FLOOR, NTR ADMINISTRATIVE BLOCK, PN BUS STAND, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH-52002 ...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 topleased to issue writ order or direction, more in the nature of Writ of Mandamus to declare action of the respondents not extending the benefit of Andhra Pradesh public employment (Regulation of age of superannuation Act 1984 vide G.O.Ms.No.15 Finance (HR.IV-FR and LR) Department Govt of AP, dated 31.01.2022, is illegal, arbitrary, unreasonable, unconstitutional and it amounts to violation of Articles 14, 16, 21,39 (d) of the Constitution of India, contrary to principles of natural justice, and direct the respondents to continue the services of the petitioner in terms of Andhra Pradesh public employment (Regulation of age of superannuation Act 1984 vide G.O.Ms.No.15 Finance (HR.IV-FR and LR) Department Govt of AP, dated 31.01.2022, and continue the petitioner in service till she attains age of superannuation 62 years with effect from 30.06.2025 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 Pleased to direct the respondents to release an amount of Rs.'4.60 lakhs with interest in terms of Judgment of Hon’ble supreme court judgment reported in AIR 2000 SCC 3513 (2) Vijay L Mehrotra VS State of UP and others forthwith and pass Counsel for the Petitioner: 3 1. P LAKSHMANA RAO Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP FOR SERVICES I 3. K BHEEMA RAO WRIT PETITION NO: 13628/2025 Between: 1. U JANARDHANAIAH, S/O. GANGAIAH, AGED ABOUT 59 YEARS, OCC SGT (MTS), WORKING AT M.P.P. SCHOOL, THURUPUPALLI S.T., THURUPUPALLI, RAILWAY KODURU MANDAL, ANNAMAYYA DISTRICT, A.P. R/O. D. NO. 7/53, NARASARAMPETA, RAILWAY KODURU-516101, ANNAMAYYA DISTRICT, A.P. 2. SRI. GADDAM MADHUSUDHANA,, S/O. NARASIMHULU, AGED ABOUT 59 YEARS, OCC SGT (MTS), WORKING AT M.P.P. SCHOOL, S.R. COLONY, RAILWAY KODURU MANDAL, ANNAMAYYA DISTRICT, A.P., R/O. D. NO. 3- 536-5, SREERAMULAPETA, YERRAGUNTLA-516309, Y.S.R. KADAPA DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SCHOOL EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS 4 PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT BUILDINGS, VELAGAPUDI AT AMARAVATHI, GUNTUR DISTRICT, A.P. 3. THE COMMISSIONER OF EDUCATION, GOVERNMENT OF ANDHRA PRADESH, NEAR KHANDARI HOTEL, VIJAYAWADA, NTR DISTRICT, A.P. 4. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTI, ANNAMAYYA DISTRICT, A.P. 5. THE DISTRICT EDUCATION OFFICER, ANNAMAYYA DISTRICT, RAYACHOTI, ANNAMAYYA DISTRICT, A.P. 6. THE MANDAL EDUCATION OFFICER, RAILWAY KODURU MANDAL, ANNAMAYYA DISTRICT, A.P. ...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 topleased to issue an appropriate Writ, order, orders or directions more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondent Authorities to enhance the age of superannuation from 60 years to 62 years of the Petitioners, without considering the Petitioners Representation, dt. 27.03.2025 as illegal. arbitrary, biased, unconstitutional and against the principles of natural justice, and against the Articles 14, 16, 21 and 309 of the Constitution of India, consequently, direct the Respondents to continue the Petitioners in the same posts with the same salary upto the age of 62 years, 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 pleased to direct the Respondent Authorities i.e., Particularly Respondent Nos. 1 to 3 5 to continue the Petitioners in the same posts with the same salary upto finalization of the enhancement of the age of superannuation from 60 years to 62 years of the Petitioners, pending disposal of the above Writ Petition and to pass Counsel for the Petitioner(S): 1. M KISHORE BABU Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. GP FOR SERVICES II The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 6 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.Nos.15924 and 13628 of 2025 COMMON ORDER: These writ petitions are filed questioning the action of Respondents in not continuing the Petitioners in service till they attain the age of 62 years of superannuation on par with the regular employees as provided vide G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department dated 31.01.2022. 2. Learned counsel for the Petitioners would submit that the issue involved in these Writ Petitions is covered by the order dated 21.07.2026 passed by this Court in W.P.No.12413 of 2025 and batch and requested to pass a similar order in these Writ Petitions also. W.P.No.12413 of 2025 and batch is disposed of with the following directions: (i) The State Government shall examine the issue and take a conscious decision about enhancement of age upto 62 years to non-regular employees working for a substantial number of years in State departments and State owned/controlled entities; (ii) Till such time, the petitioners/non-regular employees in service shall be continued or till they attain the age of 62 years; 7 (iii) The petitioners who have retired on attaining the age of 60 years may be considered for re-engagement till 62 years in the event no alternative arrangement is made. 3. Learned Assistant Government Pleader for Services-II does not dispute the same. 4. In view of the same, these Writ Petitions are also disposed of in terms of the order, dated 21.07.2026 passed by this Court in W.P.No.12413 of 2025 and batch. There shall be no order as to costs. 5. Registry is directed to attach the copy of the order, dated 21.07.2026 passed by this Court in W.P.No.12413 of 2025 and batch to this order. As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 27.07.2026 KLP