Andhra Pradesh High Court - Amravati
M Samuel vs The State Of Andhra Pradesh on 14 September, 2022
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.29733 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 holding that the impugned proceedings
Rc.No. E1/754/APEWIDC/2020, dated 07.09.2022 of the 2nd
respondent as illegal, arbitrary, against the Article 14, 16 and 21 of
Constitution of India and contrary to the Judgment of this Hon'ble
Court in W.P.No.8225 of 2022, W.P.No.8226 of 2022 and
W.P.No.15889 of 2022 and is non-est in the eye of law as per
ordinance issued by the Government of Andhra Pradesh, it is
against G.O.Ms.No.15, Finance HR.IV FR & LR) Department dated
31.01.2022 wherein the age of Superannuation was extended from
60 to 62 years and Set aside the impugned proceedings Rc.No.
E1/754/APEWIDC/2020, dated 07.09.2022 of the 2nd respondent
and it is consequently prayed to direct the 2nd respondent to
continue the petitioner as Executive Engineer in terms of
G.O.Rt.No.151, dated 07.09.2022 and as per the Judgment of this
Court in W.P.No.8225 of 2022, W.P.No.8226 of 2022 and
W.P.No.15889 of 2022 and in consonance with G.O.Ms.No.15
Finance (HR.IV FR & LR) Department dated 31.01.2022 and
continue the petitioner up to 62 years as was done in other
Corporations and pass such other orders...."
2. Heard Mr. Mangena Sree Rama Rao, learned counsel for the
petitioner and Mr. G.V.S.Kishore Kumar, learned Standing Counsel
for the respondents.
3. The brief case of the petitioner is that he is working as
Executive Engineer at Vizianagaram District and initially he was
appointed as Assistant Engineer on 27.06.1985 at Ipur Mandal,
Guntur District 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 2nd respondent issued letter dated
07.09.2022 to the 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 petitioner is still in service in the
office of 3rd respondent, however by virtue of the common
Judgment of this Court in W.P.No.8225 of 2022 and batch, dated
11.08.2022, the petitioner is entitled to be continued into service.
Hence this writ petition came to be filed.
4. During hearing learned counsel for the petitioner reiterated
the contents urged in the writ petition and also drawn the
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
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 petitioner 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
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 petitioner is 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
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.29733 OF 2022
Date: 14.09.2022
KK
