(SHOW CAUSE NOTICE BEFORE ADMISSION)

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

THURSDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY TWO

:PRESENT:

THE HONOURABLE SMT JUSTICE KONGARA VIJAYA LAKSHME

WRIT PETITION NO: 21514 OF 2022

Between:

S.Venkateswarlu, S/o.Subba Rao Aged about 60 Years, Occ- Driver (Grade-I) R/o.Kankatapalem Village, Kankatapalern Bapatla Mandal, Bapatla, Guntur District Andhra Pradesh- 522101

Petitioner

AND

• 1. The State of Andhra Pradesh, Rep.by it's Principal Secretary, Technical Education Department, Secretariat, Velagapudi Amaravathi, Guntur District.
• 2. The State Board of Technical Education and Training, A.P Higher Education Bhavan, 5th Floor, A.N.R Towers, Jammichettu Street, Prasadampadu, Vijayawada- 521108 Represented by it's Commissioner.
• 3. All India Council for Technical Education Indira Gandhi Sports Complex, I.P. Estate, Delhi-2 Represented by it's Secretary.
• 4. Bapatla Engineering College, Mahatmajipuram, Bapatla, Bapatla Mandal Guntur District Andhra Pradesh -522101, Represented by its Secretary
• 5. The Principal, Bapatla Engineering College, Mahatmajipuram, Bapatla, Bapatla Mandal Guntur District Andhra Pradesh -522101
• 6. The Bapatla Education Society, Bapatla Represented by its President, Mahatmaji Puram, GBC Road, Bapatla, Guntur Dist - 522 101

Respondents

WHEREAS the Petitioner above named through his Advocate SRI.CHALLA GUNARANJAN presented this 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 a Writ, Order or Direction more particularly one in the nature of Writ of mandamus declaring that the action of the 5th Respondent in contemplating to retire the Petitioner on attaining 60 years of age and the non-continuation of the petitioner's service as Driver(Grade-I), up to the age of 62 Years, without issuing any notice as wholly illegal, arbitrary, contrary to the G.O.Ms.No.15 dt.31.01.2022 issued by the 1st Respondent, AFRC Regulations and AICTE Regulations, besides being violative of principles of natural justice, Articles 14 and 21 of Constitution of India.

AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri. Challa Gunaranian Advocate for the Petitioner, learned Government Pleader for Education for Respondent Nos.1 and 2 and of Sri P.S.P. Suresh Kumar, learned Standing Counsel for Respondent No.3, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.

You viz:

• 1. The Principal Secretary, Technical Education Department, State of Andhra Pradesh, Secretariat, Velagapudi Amaravathi, Guntur District.
• 2. The Commissioner, State Board of Technical Education and Training, A.P Higher Education Bhavan, 5th Floor, A.N.R Towers, Jammichettu Street, Prasadampadu, Vijayawada- 521108.
• 3. The Secretary, All India Council for Technical Education Indira Gandhi Sports Complex, I.P Estate, Delhi-2.
• 4. The Secretary, Bapatla Engineering College, Mahatmajipuram, Bapatla, Bapatla Mandal Guntur District Andhra Pradesh -522101.
• 5. The Principal, Bapatla Engineering College, Mahatmajipuram, Bapatla, Bapatla Mandal Guntur District Andhra Pradesh -522101
• 6. The President, Bapatla Education Society, Bapatla, Mahatmaji Puram, GBC Road, Bapatla, Guntur Dist - 522 101

are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted on or before 15.09.2022, on which date the case stands posted for hearing.

IA NO: 1 OF 2022

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents including No's 4 to 6 to continue the Petitioner herein in service as 'Driver' until the age of 62 years in view of the G.O.Ms.No.15 Dated.31.01.2022 issued by the 1st Respondent, AFRC guidelines & AICTE Regulations and in furtherance of earlier views taken by this Hon'ble court in respective matters, pending disposal of the Writ Petition No.21514 of 2022, on the file of the High Court.

IA NO: 2 OF 2022

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents including No's.4 to 6 not to retire the Petitioner herein on 30.07.2022 i.e., after attaining the age of 60 years, in view of the G.O.Ms.No.15 Dated.31.01.2022 issued by the 1st Respondent, AFRC guidelines & AICTE Regulations, pending disposal of the Writ Petition No.21514 of 2022, on the file of the High Court.

THE COURT MADE THE FOLLOWING ORDER:

Notice before admission.

Learned Government Pleader for Education takes notice for Respondent Nos.1 and $2$ .

Sri P.S.P. Suresh Kumar, 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 respondent College and the 5th respondent on an earlier occasion through proceedings dated 01.05.2020 sought to retire the petitioner on attaining the age of 58 years, challenging the same, the petitioner filed Writ Petition in W.P.No.11634 of 2020, wherein an interim direction was granted to continue the

petitioner till he attains the age of 60 years i.e., 30.07.2022; the said Writ Petition is still pending; Government issued G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022, wherein an A.P. Ordinance No.1 of 2022 amending Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 was issued increasing the age of superannuation of from 60 years to 62 years to all the State Government employees under Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984; but, the 5th respondent without giving 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 No.8683 of 2020, dated 07.08.2020, the common order passed in WP Nos.6916 and 7266 of 2019, dated 13.09.2019, was followed. The said W.P.Nos.6916 and 7266 of 2019 were allowed directing continuation of the petitioners therein in service upto the age of 60 years. As seen from the record, even though Writ Appeals were filed, the order passed in WP Nos.6916 and 7266 of 2019 were complied with and even as seen from the affidavit filed in support of the Writ Petition, the orders passed in WP No.8683 of 2020 were complied with.

In view of the facts and circumstances, as the petitioner has shown prima facie case for grant of interim direction, the respondents are directed to continue the petitioner in service till he attains the age of 62 years."

Sd/- K.TATA RAO

SECTION OFFICER

DEPUTY REGISTRAR

In view of the facts and circumstances, as the petitioner has shown prima facie case for grant of interim direction, the respondents are directed to continue the petitioner in service till he attains the age of 62 years.

List the matter on 15.09.2022.

//TRUE COPY//

To,

• 1. The Principal Secretary, Technical Education Department, State of Andhra Pradesh, Secretariat, Velagapudi Amaravathi, Guntur District.
• 2. The Commissioner, State Board of Technical Education and Training, A.P Higher Education Bhavan, 5th Floor, A.N.R Towers, Jammichettu Street, Prasadampadu, Vijayawada- 521108.
• 3. The Secretary, All India Council for Technical Education Indira Gandhi Sports Complex, I.P Estate, Delhi-2.
• 4. The Secretary, Bapatla Engineering College, Mahatmajipuram, Bapatla, Bapatla Mandal Guntur District Andhra Pradesh -522101.
• 5. The Principal, Bapatla Engineering College, Mahatmajipuram, Bapatla, Bapatla Mandal Guntur District Andhra Pradesh -522101
• 6. The President, Bapatla Education Society, Bapatla, Mahatmaji Puram, GBC Road, Bapatla, Guntur Dist - 522 101 (1 to 6 by RPAD- along with a copy of petition and affidavit)
• 7. One CC to SRI.CHALLA GUNARANJAN Advocate [OPUC]
• 8. Two CCs to GP for Education, High Court Of Andhra Pradesh. [OUT]
• 9. One CC to Sri.P.S.P.Suresh Kumar, Standing Counsel [OPUC]

10. One spare copy

HIGH COURT

KVLJ

DATED:21/07/2022

$\frac{\partial}{\partial x} = 0$

NOTE: LIST THE MATTER ON 15.09.2022

NOTICE BEFORE ADMISSION

WP.No.21514 of 2022

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DIRECTION