THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.12133 of 2021
JUDGMENT:-
Heard Sri K.Muni Reddy Bala Prasad, learned counsel for the
petitioner and Sri M.Srinivasa Rao, learned Assistant Government
Pleader for Services-I/for respondent Nos.1 and 2. No
representation from the side of the respondent No.3. The petitioner has filed U.S.R.No.34956 of 2021, dated 12.07.2021 submitting that the present notice was affected on respondent No.3 by registered post of which the acknowledgement was received and has been filed along with the memo. This petition has been filed for following relief:
"For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to issue a writ, order or direction preferably one in the nature of writ of mandamus declaring the action of the 3rd respondent in issuing notice in Rc.No.B/37/85, dated 01.06.2021 retiring the petitioner from service on 30.06.2021 is illegal, arbitrary, discriminatory and violative of Articles 14 and 16 of the Constitution of India and further declare that the petitioner is entitled to continue in service till he attains 60 years of age as per G.O.Ms.No.138, Finance (HR.IV-FR) Department, dated 08.08.2017, also as per the orders of the Hon'ble Supreme Court in SLP (C) No.13623/17 and batch dated 08.09.2017 and pass such other 2 or further orders as are necessary in the interest of justice."
The petitioner is aggrieved from issuance of notice by 3rd respondent, dated 01.06 2021 relieving the petitioner from service on 30.06.2021 on attaining the age of superannuation of 58 years. The submission of the learned counsel for the petitioner is that the petitioner is entitled to continue upto 60 years as per G.O.Ms.No.138, Finance (HR.IV-FR) Department, dated 08.08.2017 issued by the respondent No.1/the state of Andhra Pradesh, (annexure No.P7), which provides that the employees working in various Companies/Corporations/Societies included in the schedules IX and X of the AP Re-organisation Act of 2014, shall not be superannuated, only on the ground of attainment of 58 years of age and in case such an employee is superannuated on that ground, he shall be reinstated and continued upto 60 years. The respondent No.3, Sri Venkateswara Co-operative Sugar Factory Limited, is included in the schedule IX of the AP Re- organisation Act, 2014, (annexure No.P4). Learned counsel further submits that the same issue was involved in W.P.No.21149 of 2020, which was allowed directing the 3rd respondent herein to extend the age of superannuation of the petitioner of that petition to 60 years in terms of G.O.Ms.No.138, Finance (HR.IV-FR) Department, dated 08.08.2017 and the notice of retirement on attaining the age of 58 years issued to the petitioner of that petition, was set aside. The petitioner claims to be entitled to the same benefit.
The aforesaid facts have not been disputed by the learned counsel appearing for respondent Nos.1 and 2. 3 In view of the aforesaid, as the matter is covered by the judgment of this Court in W.P.No.21149 of 2020, the petitioner is also entitled for the benefit of the same. Consequently, the notice dated 01.06.2021, impugned in this petition is setaside. The petitioner, who has been superannuated on the ground of attaining 58 years of age, shall be reinstated and shall be continued upto the age of 60 years as per G.O.Ms.No.138, Finance (HR.IV-FR) Department, dated 08.08.2017 and shall also be paid his salary upto the date of superannuation, if there is no other legal impediment.
Accordingly, the Writ Petition is allowed. No order as to costs. As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
__________________________ RAVI NATH TILHARI,J Date: 17.02.2022 Note:
Issue CC by 18.02.2022 B/o SCS 11BbBBBBbB/BBB 4 4 4466446544455554646 THE HON'BLE SRI JUSTICE RAVI NATH TILHARI 46 WRIT PETITION No.12133 of 2021 Date: 17.02.2022 5 Scs