Andhra Pradesh High Court - Amravati
Gorli Shoury Sukumar vs The State Of Ap on 1 May, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATT
(SPECIAL ORIGINAL JURISDICTION} AS
.
WEDNESDAY, THE FIRST DAY OF MAY
TWO THOUSAND AND TWENTY FOUR
. PRESENT:
TRE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 10202 OF 2024
Between:
1. Gorll Shoury Sukumar, S/o. Late Gort Joseph Bangarayya, Aged about
60 years, Occ- Telugu Pandit, Rio Door No.30-45-18, Lakeshmipuram
Calony, Near Steel Co-operative Stores, Aumiriaripalem,
Visakhapainam (Rural), Vadlapudi, Visakhapatnam district.
Dunna Mary Raja Sree, Wio Sourl, Aged about 60 years, Occ- Record
ho
Assistant, Srinidhi Residency, Door No.30-75-1/ 10, Siddardha Nagar
road. Behind Gandhi Bomma, Vadlamudi, Visakhapatnam (Rural),
Visakhapatnam district,
S. Ko Mary Vasantha Kumari, C/o Pathivada Prasada Rao, Aged about 80
years, Oce- Social Teacher, R'o Door No. 3-154/2/15, Gallavani Palem,
Aganampudi, Road Ne. 4, Shirdi Sai Nagar, Duwada, Vadlapudi,
Visakhapainam, Visakhapainam district.
4. Malla Govinda Rao, C/o. Malla Suryanarayana Aged about 60 years,
Qec- Maths Assistant, Rio Flat No. 6. Narayanadri Block, Hanpy
Homes, LT. Junction, Visakhapatnam (Urban), Kancharapalem,
Visakhanainam district,
. Petitioners
AND
1. The State of Andhra Pradesh, Represented by its Principle oscretary,
Education Depariment, Velagapudi at Amaravati, Guntur District,
2. Mis. Rastriya ispath Nigam Liruied, Represenice oy is Chaelrmar-cun-
Managing Director, Visakhapatnam Steel Plant, Visakhanainam Oistrict.
The DIOCESS of Viragapalam Society, Repiozented » iis Chairman,
oad
Maharanipeta, Visakhapatnam, Visakhapainam Distict-53000s.
fe
Visakha Vimala Vidyaiayem, Represented by its correspanden
Ukkunagaram, Visalhawatnann £80 O82.
oH
Visakha Vimala Vidyalayem, Represented by its correspondent,
Balacheruvu, B.C. Road, Gantyada, Visakhanainam-S20 O32.
. Respondents
Patition urder Aricie 236 of the Canstiiution of India is filed praying that
in the circumstances stated in the affidavil Ned therewith, the High Court may
be pleased fo issue a Writ or order or direction more particularly one in the
nature of WRIT OF MANDAMUS declaring the action of ihe Respandents
herein particularly Respondent Nos. 3 fo 5 m not anhancing the age of
superannuation of the Petilioners to discharge their duties in their respective
pasitions fram G0 to G2 years despite the Respondent No.t issuing
G.O.Mis.No.15 Finance (HRNV-FR and UR} Department, dated 81.01.2022 as
legal, irregular, contrary fo the judgment made in W.A.No. 287 of 2019 which
was upheld by the honorable Supreme Court of india in SLP(O}Na. 10582 of
2080 and SLP(GiNo. 10383 of 2020 as nothing but Hegal, arbitrary, violative
of Articles 14 and 21 of The Constitution of India and consequently direct the
Respondent Nos. 2 to 5 to continue the Petitioners to discharge their duties in
ther respective positions af Respondent No. 4 and 5 schools tl the age of G2
years basing G.O.Ms.No. 18 Finance (NRUV-FR anc LR} Department, dated
S1.01 2022
iA NO: 1 OF 2024
Peltion under Section 1S] of CPC is Med sraying that in the
cirournstances stated in the affidavit fled In support of the petition, the High
ore
%
Coun may be pleased may be pleased to direct the Respondent Nos. 2 to §
herein to continue the Petiioners in their respective positions in the
Respondent No.4 schao! up to the age of 62 years with all consequential and
atlended benefits forthwith, Pending disposal of WP 10202 of 2024, on the He
of the High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit fled in support thereof and upon hearing the arguments of SRI A K
RISHORE REDDY Advocate for ihe Pellfoners, GP FOR SCHOOL
EDUCATION for the Respondent not, Sri V.Subrahmaniam sanding
Gaunsel for respondent no.2. the Court made the following. .
ORDER
"Heard Sri A.K. Kishore Reddy, Learned Counsel for the Writ
Petitioners and Sri Shalk Asif, Learned Assistant Government Pieader
for School Education appearing for Respondent No. and
Sri V.Subrahmaniam, Learned Counsel for Respondent Na.g,
2. Learned Counsel for the Writ Petitioners has drawn the attention
of this Court to similar interim Orders passed by this Court in LA.No.1 of
2023 In W.P.No.12858 of 2023 datec 14.05.2023 (Ex.P.12}, LA.Noot of 2023
in W.P.No.17193 of 2023 dated 14.07.2023 (Ex.P.13) and W.P.No 3875 of
2024 dated 14.02.2024 (Ex.P4 4}.
3. Having regard to the facts and circumstances of this case, this
court is of the opinion that the Writ Petitionars are also entitled to similar
inferim Order.
4 Accordingly, there shall be an interim direction fo the
Respondent Nos.2 to 4 herein to continue the services of the Writ
Petitioners untill they attain the age of superannuation of 82 years or
unt further Orders.
§. Let Counter-Afiidavit be filed within threes weeks. Two weeks
thereafter for Hiing Reloinder, f any.
6. Tag WAP Nos. 12858 & 17193 of 2028 and 3875 of 2024 and list on
15.07 2024,"
wax oe
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AS gal Bete
ees Be Sk :
FTRUE COPY! a eda nee
rr es be
eerie an ;
Te,
J. The Princinie Secretary, Education Department, State OF Andhra
be
o
~
Pradesh, Velagapud! af Amaravall, Guntur District.
The Chairman-cum-Managing Director, M/s. Rastriva Isnath Nigam
Limited, Visakhapainam Steal Plant, Visakhanainam District,
The Chairman, DIOCESS of V igagapatam Society, Maharanipeta,
Visakhapainam, Visakhapainam Cistricl-SSdogs.
The correspondent, Visakha Vimala Vidyalayem, Ukkunagaram,
Visakhapainam-530 032.
The correapondent, Visakha Vimala Vidyalayem, Balacheruvu, B.C.
Noad, Gantyada, Visakhapainam-830 O32. (1 ta 5 by RPAD}
ne CC io SRL AK RISHORE REDDY Advocate [(OPUC]
One CC to SRI V Subrahmaniam Standing Counsel [OPUC]
Two CCs fo GP FOR SCHOOL EDUCATION High Court OF Andhra
Pradesh [OUT]
One spare copy
HIGH COURT
GREP, J
DATED: OVOS/2024
Tag W.P.Nos.12888 & 17193 of 2023 and S875 of 2094 and list an
TS.O7 2024,
ORDER
DIRECTION
