S.Venkateswarlu vs. The State Of Andhra Pradesh
Court:High Court of Andhra Pradesh
Judge:Hon'ble K Manmadha Rao
Case Status:Withdrawn
Order Date:21 Jul 2022
CNR:APHC010344242022
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Order Issued After Hearing
Purpose:
Admission (Service Matters)
Before:
Hon'ble Kongara Vijaya Lakshmi
Listed On:
21 Jul 2022
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Order Text
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No: W.P.No. 21514 OF 2022
PROCEEDING SHEET
| SL.<br>NO. | DATE | ORDER | OFFICE<br>NOTE |
|---|---|---|---|
| 01. | 21.07.2022 | KVL, J | |
| Notice before admission. | |||
| Learned<br>Government<br>Pleader<br>for | |||
| Education takes notice for Respondent Nos.1 | |||
| and 2. | |||
| Sri<br>P.S.P.<br>Suresh<br>Kumar,<br>learned | |||
| Standing Counsel takes notice for Respondent | |||
| No.3. | |||
| Learned counsel for the petitioner is | |||
| permitted to take out notices to Respondent | |||
| Nos.4 to 6 through RPAD and file proof of | |||
| service into Registry. | |||
| The case of the petitioner is that he was | |||
| appointed as Driver in the 4th<br>respondent | |||
| College and the 5th<br>respondent on an earlier | |||
| occasion<br>through<br>proceedings<br>dated | |||
| 01.05.2020 sought to retire the petitioner on | |||
| attaining the age of 58 years, challenging the | |||
| same,<br>the<br>petitioner<br>filed<br>Writ<br>Petition<br>in | |||
| W.P.No.11634 of 2020, wherein an interim | |||
| direction<br>was<br>granted<br>to<br>continue<br>the | |||
| petitioner till he attains the age of 60 years | |||
| i.e., 30.07.2022; the said Writ Petition is still | |||
| pending;<br>Government<br>issued<br>G.O.Ms.No.15, | |||
| Finance<br>(HR.IV-FR&LR)<br>Department,<br>dated | |||
| 31.01.2022, wherein an A.P. Ordinance No.1 | |||
| of<br>2022<br>amending<br>Andhra<br>Pradesh<br>Public | |||
| Employment<br>(Regulation<br>of<br>Age<br>of | |||
| Superannuation)<br>Act,<br>1984<br>was<br>issued | |||
| increasing the age of superannuation<br>of from | |||
| 60<br>years<br>to<br>62<br>years<br>to<br>all<br>the<br>State | |||
| Government employees under Andhra Pradesh |
| SL. | DATE | ORDER | OFFICE |
|---|---|---|---|
| NO. | NOTE | ||
| Public<br>Employment<br>(Regulation<br>of<br>Age<br>of<br>Superannuation)<br>Act,<br>1984;<br>but,<br>the<br>5th | |||
| respondent without giving<br>the said benefit to | |||
| the petitioner, orally informed him not to come | |||
| to the College from 30.07.2022. Hence, the | |||
| Writ Petition. | |||
| In similar facts and circumstances, in | |||
| W.P.No.17885 of 2022, this Court passed the | |||
| following Order: | |||
| "As seen from the order in WP<br>No.8683 of 2020, dated 07.08.2020, the<br>common order passed in WP Nos.6916<br>and 7266 of 2019, dated 13.09.2019,<br>was followed. The said W.P.Nos.6916<br>and 7266 of 2019 were allowed directing<br>continuation of the petitioners therein<br>in service upto the age of 60 years. As<br>seen from the record, even though Writ<br>Appeals were filed, the order passed in<br>WP Nos.6916 and 7266 of 2019 were<br>complied with and even as seen from<br>the affidavit filed in support of the Writ<br>Petition,<br>the<br>orders<br>passed<br>in<br>WP<br>No.8683 of 2020 were complied with.<br>In<br>view<br>of<br>the<br>facts<br>and<br>circumstances, as the petitioner has<br>shown prima facie case for grant of<br>interim direction, the respondents are<br>directed to continue the petitioner in<br>service till he attains the age of 62 | |||
| years." | |||
| In view of the facts and circumstances, | |||
| as the petitioner has prima facie case for grant | |||
| of<br>interim<br>direction,<br>the<br>respondents<br>are | |||
| directed to continue the petitioner in service | |||
| till he attains the age of 62 years. | |||
| List the matter on 15.09.2022. | |||
| ________ | |||
| KVL, J | |||
| Ks | |||
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