Andhra Pradesh High Court - Amravati
M.Subba Reddy vs The State Of Andhra Pradesh on 14 September, 2022
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.
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
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 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
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
THE HON'BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION No.29684 OF 2022
Date: 14.09.2022
KK
