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2026 DAILYLAW 7128 (AP)

B.Subramanyam, v. State of Andhra Pradesh

WP/21247/2026 · 2026-07-29

Nyapathy Vijay

body2026

Judgment text

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APHC010397432026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 30th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 21247/2026 Between: 1. B.SUBRAMANYAM,, S/O. B. LAKSHMAIAH, AGED 59 YEARS, OCC. JUNIOR ASSISTANT, ELECTRICITY REVENUE OFFICE, APSPDCL, TOWN-2, TIRUPATI, EMPLOYEE ID NO.8329, R/O. 12, LAKSHMI PURAM, KORLAGUNTA, CHITTOOR, TIRUPATI DISTRICT. 2. C. SANKARAIAH,, S/O. GOPALAIAH, AGED 59 YEARS, OCC. FOREMEN, EXECUTIVE, O/O. EXECUTIVE ENGINEER, APSPDCL, PUTTUR DIVISION, EMPLOYEE ID NO.2095, RIO. D.NO.4-52, RACHAPALEM, PUTTUR, TIRUPATI DISTRICT. 3. GULURU MURUGAIAH,, S/O. LATE G. RANGAIAH, AGED 59 YEARS, OCC. LINEMAN, V.R.PURAM, OPERATION SECTION, APSPDCL, PUTTUR SUB-DIVISION, EMPLOYEE ID NO.5157, R/O.KAYAMPETA, BRAHMANA PATTU, VEDAMALAPETA, TIRUPATI DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS SPECIAL CHIEF SECRETARY - 522237. 2. STATE OF ANDHRA PRADESH, FINANCE DEPARTMENT, 2 SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY - 522237. 3. THE ANDHRA PRADESH SOUTHERN POWER DISTRIBUTION CORPORATION LTD APSPDCL, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR, O/O. 19-13-65/A, SRINIVASAPURAM, TIRUCHANOOR ROAD, TIRUPATI, ANDHRA PRADESH -517 501. 4. THE CHIEF GENERAL MANAGER, HRD WING, APSPDCL, O/O. D.NO.19-13-65/A, TIRUCHANOOR ROAD, SRINIVASA PURAM, TIRUPATI -517501. 5. THE EXECUTIVE ENGINEER, OPERATIONS, APSPDCL, PUTTUR. ...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 toto issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in trying to relive and retire the petitioners on 31.07.2026 on attaining the age of 60 years instead of 62 years, even after issuance of G.O.Ms.No.45, dt.02.07.2026 enhancing the age of superannuation from 60 to 62 years to the regular employees working in the public sector undertakings, corporations, societies, including in IX and X schedules of A.P. Reorganization Act, 2014 as illegal, arbitrary, violation of fundamental rights guaranteed under Articles 14, 16 and 19 of Constitution of India and consequently direct the respondents to continue the respondents in service till the petitioners attain the age of 62 years with all consequential benefits 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 respondent authorities to continue the Petitioners in service till the Petitioners attains the age of 62 years pending disposal of the writ petition in the interest of justice 3 Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY W.P.No.21247 of 2026 ORDER: The Writ Petition is filed questioning the action of the Respondents in proposing to relieve the Petitioners on 31.07.2026, on attaining the age of 60 years instead of 62 years, as illegal and arbitrary. 2. The Petitioners are working in Executive Cadre in A.P. Southern Power Distribution Corporation Limited (for short, ‘APSPDCL’). The Government, amended the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, and enhanced the age of superannuation to 62 years to all the regular employees of the Government. 3. Subsequently, the State Government issued G.O.Ms.No.45 Fin (HR.IV-FR&LR) Department, dated 02.07.2026, enhancing the age of regular employees of entities listed in schedule IX and X of the Andhra Pradesh Reorganization Act, 2014. In the light of the above, the Petitioners seek for enhancement of age of superannuation for 62 years from 60 years. 4. Learned Standing Counsel appearing for Respondent No.3 would submit that the Respondent Authorities had constituted a Six- 5 Member Committee on 20.07.2026 vide T.O.O (Addl.Secy-Per) Ms No.4321, for examining the feasibility of enhancement of age of superannuation for employees of the Andhra Pradesh Power Utilities. 5. Heard the learned counsels. 6. In the light of the above, the present Writ Petition is disposed of, with the following directions: i) The Respondents shall continue the Petitioners till the age of 62 years or till a comprehensive decision is taken by the Committee, constituted vide T.O.O (Addl.Secy-Per) Ms No.4321, dated 20.07.2026, for enhancement of the age of superannuation from 60 to 62 years, as the case may be. ii) There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 30.07.2026 chs 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 138 WP No.21247 of 2026 Date: 30.07.2026 chs