Andhra Pradesh High Court - Amravati
S. Malinshavali vs The State Of Andhra Pradesh on 18 February, 2022
Bench: Ravi Nath Tilhari
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
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.
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
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THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.12133 of 2021
Date: 17.02.2022
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