lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY ,THE FIFTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY THREE :PRESENT: THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU AND THE HONOURABLE SRI JUSTICE DUPPALA VENKATA RAMANA IA No. 2 OF 2023

lN

WA NO: 553 OF 2023

Betwee n :

• 1. THE EASTERN POWER DISTRIBUTION`CORPORATION OF AP LIMITED, Rep. by its Chairman and Managing Director, Corporate Offllce,Seethammadhara,Visakhapatnam, Andhra Pradesh.
• 2. The Chief General Manager (HRD), APEPDCL, Corporate Office, Seethammadhara, Visakhapatnam, Andhra Pradesh.
• 3. The Superintendent Engineer (Operation), APEPDCL, Eluru Operation Circle, Eluru, Eluru District, Andhra Pradesh.

...Appellants/Respondents No.5 to 7

(Petitioner in WA 553OF 2023

on the file of High Court)

AND

1. M Edwin Fastin, S/o. Edwin, Age. 60 years, Occ. Rtd. Senior Assistant, R/a. 13-65, Vidya Nagar, Near Mother Theresa Water Plant, EIuru, Eluru District, Anc:yhra Pradesh.

Respondent No..1 /Petitioner

• 2. The State of Andhra Pradesh, Rep. By its Principal Secretary, Finance Department, Secretariatl Velagapudi, Guntur District, Andhra Pradesh.
• 3. The Principal Secretary, Government of Andhra Pradesh, Energy Department, Secretariat, Ve]agapudi, Guntur District, Andhra Pradesh.
• 4. The Principal Secretary, Government of Andhra Pradesh, General Administration Department, Secretariat, Velagapudi, GuntlJr District, Andhra Pradesh.
• 5. The AP TRANSCO, Rep. By its Chairman and Managing Director, Vidyut Soudha, Gunadala; Vijayawada, Andhra Pradesh-520004.
• 6. The Union of India, Rep. by its Secretary, Power, New and Renewable Energy Department, AtaI Akshay Urja Bhawan, CGO Complex, Lodhi Road, New Delhi-110 003.
• 7. The Union of India, Rep. by its Secretary, General Administration Department, Rashtrapati Bhavan, New Delhi-110 004.

...Respondents/Respondent No.1 to 4,8 & 9

(Respondents in-do-)

Counsel for the Petitioner : Sri METTA CHENDRA SEKHAR RAO counsel for the Respondent No.1 : Sri PEETA RAIV[AN

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 stay all further proceeding in pursuance of the orders, dated 04.04.2023 made in lA No.. 1 of 2023 in vy.P.No.8405 of 2023, Pending disposal of WANo. 553 of 2023, on the file of the High Court.

The court whI-le directing issue of notice to the Respondents herein to show cause as to why this appll'cation should not be compII-ed With, made the following order.(The receipt of this order will be deemed to be the receipt of notice in the case) . ORDER

['Heard learned counsel for the appellants and the learned counsel for the respondents.

The interim order virtually amounts to the final order. This is a practice which has been deprecated by the Hon'ble Supreme Court of India on more than one occasion.

Apart from this, this court notices that in a batch of writ appeals (W.A.No.1033 of 2022 and batch) this Court has held that the increase in the retirement age to 62 years will only be applicable under certain circumstances and jf certal-n legal forma[jties have been followed. Admittedly, in this case as stated by the respondents, no resolution has been passed or have regulations been amended.

ln view of the settled law on the subject, this Court I-S Of the OPiniOn that the interim order has to be suspended.

Accordingly, the Interim O,r,dTeRrjSE ScuoS:;:,ded|" , ASSIST£dinJ+r#AjfisATM#£

Fan sECTIOfu OFFICER

To,

• 1. M Edwin Fastin, S/o. Edwin, Age. 60 years, Occ. Rtd. Senior Assistant, R/o.13-65, Vidya Nagar, Near Mother Theresa Water plant, Eluru, Eluru District, Andhra Pradesh.
• 2. The Principal Secretary, Finance Department, Secretariat, velagapudi, Guntur District, Andhra Pradesh.
• 3. The PrincI'Pal Secretaryu Government of Andhra Pradesh, Energy Department, secretariat, velagapudi, Guntur Distrl-ct, Andhra Pradesh.
• 4. The Principal secretaryH Government of Andhra Pradesh, General AdministratI'On Department, Secretariat, velagapudi, Guntur Dl-strict, Andhra Pradesh.
• 5. The Chairman and Managing Dl'rector, AP TRANSCO, Vl®dyut Soudha, Gunad-ala, vijayawada, Andhra Pradesh-520004.
• 6. The Secretary, union of India, Power, New and Renewable Energy Department, AtaI Akshay Urja Bhawan, CGO Complex, Lodhi Road, New Delhi-110 003.
• 7. The Secretary, union of India, General Administration Department, Rashtrapati Bhavan, New Delhi-110 004..( Addressess 1 to 7 By RPAD)
• 8. One CC to SRl. METTA CHENDRA SEKHAR RAO Advocate [opuc]
• 9. One CC to SRl. PEETA RAMAN Advocate [OPUC]
• 10. Two Spare copie

HIGH COURT

$\text{DVSS}, \text{J}$ DVR,J

DATED:15/06/2023

LIST ON 10.07.2023 ALONG WITH W.A.NO.392 OF 2023.

ORDER

IA No. 2 OF 2023 IN WA NO: 553 OF 2023

INTERIM SUSPENSION