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2026 DAILYLAW 9568 (AP)

Sri. P Srinivas Rao v. The State Of Andhra Pradesh,

WP/16362/2025 · 2026-09-07

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010320822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16362/2025 Between: 1. SRI. P SRINIVAS RAO, S/O. P. NARAYANA, AGED ABOUT 59 YEARS, ASSISTANT TRAINING OFFICER (CONTRACTUAL), GOVT. ITI, VISHAKHAPATNAM, OLD ITI AREA, GAVARAKANCHARA PALEM, KANCHARAPALEM,VISAKHAPATNAM- 530007 RESIDING AT, RAMALAYAM STREET, ALLUVADA, JIYYAMMAVALASA, VIZIANAGARAM- 535526 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF EMPLOYMENT AND TRAINING, A.P. SECRETARIAT, VELAGAPUDI, VIJAYAWADA- 522503 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, A.P. SECRETARIAT, VELAGAPUDI, VIJAYAWADA- 522503 3. THE COMMISSIONER/DIRECTOR, DEPARTMENT OF EMPLOYMENT AND TRAINING BENZ CIRCLE, VIJAYAWADA- 520008 4. THE REGIONAL DEPUTY DIRECTOR APP, DEPARTMENT OF EMPLOYMENT AND TRAINING, STEEL CITY, GAJUWAKA, VISAKHAPATNAM- 530007 2 5. THE GOVERNMENT INDUSTRIAL TRAINING INSTITUTE, REP. BY ITS PRINCIPAL, STEEL CITY, GAJUWAKA VISAKHAPATNAM- 530007 ...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 pleased to issue a Writ, Order, or direction particularly one in the nature of a WRIT OF MANDAMUS or any other appropriate Writ (a) To quash the Memo No. C/ Esst/ GT/ 2025 dated 22.06.2025 issued by the Respondent No.5 instructing me to hand over the complete charges in Drawing and Employability Skills (Trade) to the mentioned staff member, as the same is contrary to law, arbitrary and against the principles of natural justice, equity and/or (b) Consequently to direct the Respondents to continue the Petitioner in service as Assistant Training Officer as contractual employee till he attains the age of 62 years and provide him with all consequential benefits and/or Pass such 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 pleased to direct the respondents to pass appropriate orders or instructions after suspending the Memo No. C/ Esst/ GT/ 2025 dated 22.06.2025 issued by the Respondent No.5, to reinstate the Petitioner as Assistant Training Officer under contractual employment and Petitioner may be provided with his monthly pay till the disposal of this petition as otherwise the Petitioner will be put to severe loss and hardship, and pass any further order as this Hon’ble may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: 1. V V PRABHAKARA RAO Counsel for the Respondent(S): 1. GP FOR SERVICES I The Court made the following: 3 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16362 of 2025 ORDER: 1. The present Writ Petition is filed questioning the action of Respondent-Authorities in not extending the benefit of enhanced age of superannuation (60 to 62 years) to the Petitioner as per G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022, as illegal and arbitrary and consequently to quash the memorandum issued vide Memo No.C/Estt/GT/2025, dated 22.06.2025 by Respondent No.5. 2. The Petitioner was initially appointed as an Assistant Training Officer (Turner Trade) on outsourcing basis on 30.09.2008 in Government ITI, Bobbili. Later, Respondent No.5 issued a conversion order dated 31.09.2011, and the employment of the Petitioner was converted from outsourcing basis to contractual basis. At present, the Petitioner is working as Assistant Training Officer (on Contract basis) in Government ITI, Visakhapatnam, and has completed 14 years of service. It was submitted that the Petitioner is discharging full-time duties as an Assistant Training Officer. The grievance of the Petitioner now is that his services were terminated vide Memo No.C/Estt/GT/2025, dated 22.06.2025, by Respondent No.5 on the 4 ground that the Petitioner had attained the age of 60 years and that the benefit of enhanced age of superannuation, i.e., from 60 to 62 years, as per G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022, was not being extended to him. Hence, the Writ Petition came to be filed. 3. Learned counsel for the Petitioner relied on the Judgment, dated 21.07.2026 in W.P.No.12413 of 2025 and batch to support his contention. 4. Learned Assistant Government Pleader for Services does not dispute the same. 5. This Court disposed of the W.P.No.12413 of 2025 and batch, directing the State Government to examine the issue and to take a conscious decision about enhancement of age up-to 62 years to non- regular employees working for a substantial number of years in State departments and State owned/controlled entities. 6. In the light of the same, as the issue involved in the present Writ Petition is squarely covered by the order, dated 21.07.2026, passed in W.P.No.12413 of 2025 and batch, the present Writ Petition is disposed of in terms of the said order. 5 7. The Registry is directed to append a copy of the order, dated 21.07.2026, passed in W.P.No.12413 of 2025 and batch, to this order. 8. No order as to costs. 9. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 08.09.2026 klp 6 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 156 WRIT PETITION No.16362 of 2025 Dated:08.09.2026 klp