D.Suryanarayna vs The State Of Andhra Pradesh
2022 Latest Caselaw 6947 AP

Citation : 2022 Latest Caselaw 6947 AP
Judgement Date : 14 September, 2022

Andhra Pradesh High Court - Amravati

D.Suryanarayna vs The State Of Andhra Pradesh on 14 September, 2022

        THE HON'BLE DR. JUSTICE K. MANMADHA RAO

                 WRIT PETITION No.29640 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 Lr.Rc.No. 07/2021-22/Min/EE/SA, dated 31.01.2022 issued to the petitioner by 4th respondent as contrary to 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 contrary to the 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 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 petitioner 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

petitioner and Mr. G.V.S.Kishore Kumar, learned Standing Counsel

for the respondents.

3. The brief case of the petitioner is that he was appointed as

Driver on regular basis in the year 09.04.1986 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 4th respondent

issued letter dated 31.01.2022 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

was 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 petitioner is entitled to be reinstated 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