IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

MONDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO : 7900 OF 2018

Between:

/

D. Lakshmi Narayana, S/o. D. Ankappa, Aged about 59 Senior Assistant, RVR & JC College of Engineering, Guntur Dt, R/o.4-19-3/A 2"^ Line, Vijayapuri, JKC College Road, Guntur District. years, worked as

...PETITIONER

AND

• 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Higher Education Department, Amaravathi, Guntur District, A.P. AP Secretariat buildings, Velagapudi
• 2. The Commissioner, State Board of Technical Education and M.N.R.Bhavan, Vijayawada, Krishna District, A.P. Training
• 3. All India Council for Technical Education, (A Statutory Body of the Govt, of India) Indira Gandhi Sports Complex, I.P.Estate, New Delhi - 2.
• 4. AP Admission and Fee Regulatory Committee, (AFRC) ³ Mahendra Enclave, NRI Block (C-Block), NH-16, District - 522501, AP. rd Floor, Sree Tadepalli, Guntur

5. Nagarjuna Educational Society (NES), Guntur, office at Chandramouli Puram, Chowdavaram, Guntur, Guntur District, rep by its Secretary and Correspondent. •*

£ #* 6. RVR and JC College of Engineering, Chandramoulipuram, Chowdavaram, Guntur - 522019, Guntur District, Andhra Pradesh.

...RESPONDENTS

r

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 to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, (i) declaring the action of the respondents ¹ to 5 in allowing respondents No.5 and 6 to retire the petitioner on attaining 58 years of age, though the age of superannuation fixed under AlCTE Regulations as 62 years, and 60 years as per the AFRC guidelines and amended section 78-A of the A.P. Education Act 1982 illegal, irregular, arbitrary, discrimination, un-constitutional , and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India and (ii) consequently direct the Respondents 5 and 6 to continue the Petitioner in service as Senior Assistant in 6*^ Respondent Institution till he attain the age of superannuation i.e., 62 years of age if AlCTE rules applied or up to 60 years as per the AFRC guidelines and Section 78-A of the A.P. Education Act 1982 in case if the petitioner is treated as non teaching staff. as are

lA NO: ¹ OF 2018

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 Respondents ¹ to 4 to direct the 5^'^ and 6 respondents to continue the Petitioner in service as Senior Assistant until the age of 62 years in view of AlCTE regulations 2010, or 60 years as per th

K ' ^ ■>

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the AFRC guidelines and as per the amended section 78-A of the A.P. Education Act 1982, pending disposal of the main Writ Petition.

Counsel for the Petitioner: Ms. BHANU PRIYA G

Counsel for the Respondent Nos.1, ² : GP FOR HIGHER EDUCATION

Counsel for the Respondent Nos.3 : SRI K. RAMAKANTH REDDY

Counsel for the Respondent No.4 : SRI C SUDESH ANAND

Counsel for the Respondent No.5 : NONE APPEARED

Counsel for the Respondent No.6 : SRI CHALLA GUNARANJAN

The Court made the following Order:

APHC010176832018

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

[3396]

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MONDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

PRESENT THE HONOURABLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA

WRIT PETITION NO: 7900/2018

Between:

D.Lakshmi Narayana ...PETITIONER

AND

The State of Andhra Pradesh and others ...RESPONDENT(S)

Counsel for the Petitioner:

1.BHANU PRIYAG

Counsel for the Respondent(S):

1.CSUDESH ANAND

2.K RAMAKANTH REDDY

3.CHALLAGUNARANJAN

4.GP FOR HIGHER EDUCATION (AP)

The Court made the following: ORDER:

This Writ Petition is filed under Article 226 of the Constitution of

India, seeking the indulgence of the Court with the following prayer:

" to issue an appropriate writ, order or direction more particuiarly one in the nature of Writ of Mandamus declaring the action of the respondents ¹ to 5 in allowing the respondent Nos. 5 and 6 to retire the petitioner on attaining 58 years of age, though the age of superannuation fixed under AlCTE Regulations as 62 years and 60 years as per the AFRC guidelines and amended section 78-A of the A.P.Education Act, 1982 as iliegai, irregular, arbitrary, discrimination, unconstitutional and violative of fundamental rights guraranteed under Articles 14 and 16 of the Constitution of India; and consequently direct the Respondent Nos. 5 and 6 to continue the petitioner in service as Senior Assistant in 6'^ respondent institution till he attain the age of superannuation i.e. 62 years of age of AlCTE rules are applied; or upto 60 years as per the AFRC guidelines and Section 78-A of the A. P. Education Act, 1982 in case of the petitioner is treated as non teaching staff'.

Ms. G.Bhanu Priya, learned counsel for the Petitioner 2. would submit that no further orders are required in this matter and the petition may be disposed of, since relief has become infructuous.

Recording the same, the Writ Petition is dismissed as infructuous. 3.

As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SD/- P. VINOD KUMAR

ASSISTANT^ REGISTRAR //TRUE COPY// S N OFFICER

To,

• 1. One CC to Ms. BHANU PRIYA G Advocate [OPUC]
• 2. Two CCS to GP FOR HIGHER EDUCATION, High Court Of Andhra Pradesh. [OUT]
• 3. One CC to SRI K. RAMA'KANTH REDDY Advocate [OPUC]
• 4. One CC to SRI C SUDESH ANAND Advocate [OPUC]
• 5. One CC to SRI CHALLA GUNARANJAN Advocate [OPUC]
• 6. Three CD Copies

DPBR

HIGH COURT DATED:15/07/2024

ORDER

WP.No.7900 of 2018

DISMISSING THE WP AS INFRUCTUOUS