THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.29684 OF 2022
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:
".....to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the impugned vide Procgs.06/ SA/APEWIDC/EE-MTM/Retired/ 2020-22, dated 30.06.2022 issued to the 1st petitioner by the 4th respondent and Progs.Rc.No.A1/Estt/DEEs/APEWIDC/2022, dated 28.02.2022 issued to the 2nd petitioner by 5th respondent and Lr.Rc.No.02/Estt.A.E.s/APEWIDC/2022 wherein the age of Superannuation was extended from 60 to 62 years and contrary to the judgement in W.P.No.8225 of 2022, vide common order dt 11.08.2022 as the same is illegal, arbitrary, ultravires to their powers and against the Rules as contemplated under the APEWIDC Service Rules 2013 and in violation of Article 14, 16, 21 and 309 and thus is liable to be Set aside and it is consequently prayed to direct the Respondent No.2 to forthwith reinstate the petitioner into service as designated at the time of the petitioners superannuation proceedings in terms of common judgement in W.P.No.8225 of 2022, W.P.No.8226 of 2022 and W.P.No.15889 of 2022 vide common order dt 11.08.2022 and enable the petitioners to continue in service till they attain the superannuation age of 62 years in terms of G.O.Ms.No.15 Finance (HR.IV FR & LR) Department dated 31.01.2022 and pass such other orders...."
2. Heard Mr. Mangena Sree Rama Rao, learned counsel for the petitioners and Mr. G.V.S.Kishore Kumar, learned Standing Counsel for the respondents.
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3. The brief case of the petitioners is that they were appointed as Assistant Engineers on Time scale in the year 1988 in A.P.Schedule Caste Co-Operative Finance Corporation Limited, subsequently it was transferred and absorbed in the 3rd respondent corporation and the petitioner is the employee of 3rd respondent from the year 2008. The Government of A.P issued ordinance amending the service conditions of age of superannuation of Government employees from 58 to 61 and 60 to 62 years as per A.P.Public Employment (Regulation of age of Superannuation) (Amendment) Ordinance, 2022 with effect from 01.01.2022 vide G.O.Ms.No.15, dated 31.01.2022. While the matter stood thus, the respondents issued letter dated 30.06.2022 to the 1st petitioner; dated 28.02.2022 to the 2nd petitioner and 30.06.2022 to the 3rd petitioner, in view of the fact that he completed 60 years, contrary to G.O.Ms.No.15, dated 31.01.2022, superannuating his services, vide above said proceedings, which is illegal and arbitrary. However, the petitioners were superannuated; however by virtue of the common Judgment of this Court in W.P.No.8225 of 2022 and batch, dated 11.08.2022, the petitioners are entitled to be reinstated into service. Hence this writ petition came to be filed.
4. During hearing learned counsel for the petitioners reiterated the contents urged in the writ petition and also drawn the 3 attention of this Court in similar circumstances of this nature, this Court passed an order dated 11.08.2022 in W.P.No.8225 of 2022 and batch and requested to pass similar order in this writ petition also. Learned Standing Counsel for the respondents also conceded the same.
5. Learned counsel for the petitioner placed on record the proceedings along with writ petition. As could be seen from the proceedings of the Managing Director, A.P. Education and Welfare Infrastructure Development Corporation dated 14.02.2022 wherein it is stated that the Government issued instructions for implementation of 11th PRC revised Pay Scales. Though the orders of Government are not explicitly made applicable to the Corporation, Boards included in Schedules IX and X of the A.P.State Reorganization Act, 2014 they are equally applicable to the corporations as per past record. Further the proceedings of Managing Director, A.P. Scheduled Caste Cooperative Finance Corporation Ltd., dated 24.03.2022 would show that officers/ employees retired from the service on attaining the age of Superannuation of 60 years from the APSCCFC Ltd., Tadepalli and District SC SC Societies Ltd., are ordered to continue in the service up to the age of 62 years. So also the proceedings of the Managing Director, A.P. Police Housing, dated 31.01.2022 would show that the Government issued G.O.Ms.No.15 on amendment on the age of 4 Superannuation of Government Employees enhanced the age of superannuation from 60 to 62 years to all State Government Employees covered under the A.P Public Employment (Regulation of Age of Superannuation) Act 1984 and to give effect to the decision from 01.01.2022.
6. Learned counsel for the petitioners placed on record the A.P.Education and Welfare Infrastructure Development Corporation, APEWIDC Employees Service Rules, 2013, wherein Rule 18 and 20 reads as follows:
Rule 18 : AGE OF SUPERANNUATION:
The Age of Superannuation unless otherwise terminated or retrenched or compulsorily retired is 58 years (60 years in respect of Class-IV employees) as per A.P. Public Employment (Regulation of Age of Superannuation) Act, 1984.
Rule 20 : APPLICATION OF GOVERNMENT RULES:
Notwithstanding anything contained in these rules where any particular rule is found deficient and insufficient or unless otherwise specified elsewhere in these rules, to meet the requirements and demands of any situation in the interpretation and application of these Rules, the Andhra Pradesh State and Sub-Ordinate Service Rules, 1996, the Andhra Pradesh Ministerial Service Rules, 1998, the Andhra Pradesh Last Grade Service Rules, 1992, the Andhra Pradesh Civil Services (Conduct) Rules, 1964, the Andhra Pradesh Civil Services (Classification Control and Appeal) Rules, 1991 and the Fundamental Rules, A.P.General Sub-ordinate Service Rules issued vide G.O.Ms.No.485, 486, GA (Ser.B) Department, dated 04.08.2008 and other Government Rules issued from time to 5 time shall be applicable to remove and supplement to the extent of such deficiency of insufficient of the APEWIDC Service Rules.
7. In view of close scrutiny of the proceedings issued by the various Departments and also following the Rule 20 of the A.P.Education and Welfare Infrastructure Development Corporation, APEWIDC Employees Service Rules, 2013, the issue involved in the writ petition with regard to enhance the age of superannuation of the petitioners from 60 to 62 years is justifiable, which the petitioners are entitled to.
8. Following the order of this Court dated 11.08.2022 in W.P.No.8225 of 2022 and batch and considering the submissions of learned counsel, this Writ Petition is allowed. There shall be no order as to costs.
As a sequel, miscellaneous applications pending, if any, shall also stand closed.
___________________________ DR.K. MANMADHA RAO, J Date: 14.09.2022 KK 6 THE HON'BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.29684 OF 2022 Date: 14.09.2022 KK