Andhra Pradesh High Court - Amravati
Madugula Appanna vs The State Of Ap on 28 June, 2024
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.13047 OF 2024
Between:
Madugula Appanna, S/o. Adinarayana, Aged
60 years, Occupation: Sweeper, Attili Grama
Panchayat, Attili Mandal, West Godavari
District.
... Petitioner
And
The State of Andhra Pradesh, rep by its
Principal Secretary, Panchayat Raj
Department, A.P.Secretariat, Velagapudi,
Amaravati, Guntur District and three others.
... Respondents
Counsel for the petitioners : Sri T.S.N.Sudhakar
Counsel for respondents : GP for Services-IV
ORDER
Heard Sri T.S.N.Sudhakar, learned counsel for the petitioner,
learned Assistant Government Pleader for Services-IV appearing on
behalf of respondent Nos.1 and 2 and Sri G.Srinivasulu Reddy,
learned Standing counsel for respondent No.3.
2. The above writ petition is filed to declare the action of the
respondents in intending to retire the petitioner from services on
attaining the age of superannuation of 60 years as on 30.06.2024,
without extending the benefit of G.O.Ms.No.15, dated 31.01.2022 as
illegal and arbitrary.
SRS, J
3. Learned counsel for the petitioner would submit that petitioner
was engaged as Sweeper in respondent No.3/Grama Panchayat on
the daily wage on 07.08.1986. Later the service of the petitioner was
regularized as full time employee on 25.02.1996 by extending
minimum time scale. Learned counsel would submit that as per the
service register, the date of birth of the petitioner was mentioned as
01.07.1964 and the petitioner has attained superannuation on
30.06.2024. Learned counsel would also submit that respondent
No.1 issued G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department
dated 31.01.2022 enhancing the age of superannuation to
Government Employees from 60 to 62 years. The said benefit is not
extended to the petitioner.
4. Learned Assistant Government Pleader for Services-IV as well
as learned Standing counsel collectively submit that since the
petitioner is not a permanent employee, the petitioner is not entitled
to benefit under G.O.Ms.No.15, dated 31.01.2022. In support of the
learned counsel places reliance on the judgment passed by the
Hon'ble Division Bench in W.P.No.21294 of 2023 dated 10.01.2024
and the order in W.P.No.2152 of 2024 dated 13.02.2024.
5. Learned counsel for the petitioner did not dispute the order
passed in W.P.No.21294 of 2023 and the order in W.P.No.2152 of
2024.
In W.P.No.21294 of 2023 the Hon'ble Division Bench of this
Court held that the petitioner therein is not entitled to relief since they
are contract employees. Following the said judgment, the learned
Single Judge in W.P.No.2152 of 2024 dismissed the Writ Petition
SRS, J
wherein the petitioner therein was granted time scale of pay and
dearness allowance. The order passed by the Hon'ble Division
Bench of this Court in W.P.No.21294 of 2023 dated 10.01.2024 of
this Court.
6. In view of the same, since the petitioner is not a permanent
employee, in view of the order in W.P.Nos.21294 of 2023 and 2152
of 2024 no relief can be granted to the petitioner. Accordingly, the
Writ Petition is dismissed at admission stage. There shall be no
order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
___________________________
JUSTICE SUBBA REDDY SATTI
Date : 28.06.2024
SNI
SRS, J
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.13047 OF 2024
Date : 28.06.2024
SNI
