Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 9628 (AP)

Kondeti China Penchalaiah v. The State of Andhra Pradesh rep

WP/16694/2026 · 2026-09-09

Nyapathy Vijay

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010318612026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY, THE 10th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 16694/2026 Between: 1. KONDETI CHINA PENCHALAIAH, S/O.K.PENCHALAIAH, AGED ABOUT 59 YEARS, OCC ASSISTANT ENGINEER (HOUSING) BUCHIREDDYPALEM VILLAGE AND MANDAL, AP STATE HOUSING CORPORATION, SPSR NELLORE,R/O.D.NO.3/1/98, CHUNDURIVARI STREET, RAITHU BAZAR ROAD, NAWABPET, SPSR NELLORE-524002. 2. GOLLAPUDI RAMAKRISHNA, S/O.RAJAGOPAL, AGED ABOUT 59 YEARS, OCC ASSISTANT ENGINEER (HOUSING), ATMAKUR URBAN, AP STATE HOUSING CORPORATION, SPSR NELLORE, R/O.D.NO.25-1-561,2ND CROSS ROAD, POSTAL COLONY, NELLORE, SPSR NELLORE.-524004 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH REP, BY ITS SPECIAL CHIEF SECRETARY, HOUSING DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT - 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATI, GUNTUR DISTRICT - 522238. 3. THE ANDHRA PRADESH, STATE HOUSING CORPORATION 2 LIMITED VIJAYAWADA, NTR DISTRICT REPT. BY ITS MANAGING DIRECTOR - 520007. 4. THE GENERAL MANAGER, (ADMINISTRATION AND VIGILANCE) THE ANDHRA PRADESH STATE HOUSING CORPORATION LIMITED VIJAYAWADA, NTR DISTRICT - 520007. 5. THE DISTRICT HEADHOUSING, SPSRNELLORE DISTRICT, THE ANDHRA PRADESH STATE HOUSING CORPORATION LIMITED NELLORE-524001 6. THE EXECUTIVE DIRECTORCUMDISTRICT COLLECTOR, SPSR DISTRICT, NELLORE - 524001. ...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 or direction more particularly one in nature of Writ of Mandamus declaringthe proceedings in Rc.No.A2/261/2018, dated 22.06.2026 retiring us on 30.06.2026 on attaining the age of Sixty Years (60) instead of Sixty Two (62) years, eventhough the Group of Ministers and the Finance Minister had recommended for extension of age for all the employees of the institutions mentioned in the IXth and Xth Schedule of the AP Re- Organization Act, 2014 communicated vide L.No.1813129-HR-IV, FR and LR, dated 23.03.2026 and a decision is pending before respondent No.1 and would be communicated by 06.07.2026 as per Order, dated 15.06.2026 in W.A.No.980 of 2025 as arbitrary, illegal, colourable exercise of power apart from being Fundamental Rights guaranteed to us under Articles 14, 16, 19 and 21 of the Constitution of Indiaand consequently Set Aside the proceedings in proceedings in Rc.No.A2/261/2018, dated 22.06.2026 issued by the respondent No.4 and direct the 3rd Respondent to continue the Petitioners in service till he attains the age of 62 years with all consequential benefits and pass 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 pleased to direct the Respondent No.3 to continue the us in 3 service till we attain the age of 62 years or till a decision is taken by the respondent No.1 on the said issue as per the recommendations of the Council of Ministerspending disposal of the writ petition in the interest of justiceand pass Counsel for the Petitioner(S): 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. GP FOR SERVICES I 2. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) The Court made the following: 4 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.16694 of 2026 ORDER: 1. Learned counsel for the Petitioners seeks permission of the Court to withdraw the Writ Petition. 2. Permission is accorded. 3. Accordingly, the Writ Petition is dismissed as withdrawn. 4. No order as to costs. 5. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY Date: 10.09.2026 chs 5 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 98 WRIT PETITION No.16694 of 2026 Dated: 10.09.2026 chs