B.v.Krishna Reddy, Vs State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

B.v.Krishna Reddy, Vs State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the notice of retirement dated 8.9.2023 issued by the 3rd respondent retiring the petitioner before the superannuation age of 62 years is illegal, arbitrary and contrary to the A.P. Public Employment (Regulation of age Superannuation) Act, 1984 and G.O.Ms.No.15 dated 31-01-2022, and whether the petitioner is entitled to continuance in service till 62 years with consequential benefits.

Ratio / Principle

On the submission of learned counsel for the petitioner that the cause in the writ petition does not survive for adjudication, the Court recorded the submission and dismissed the writ petition as infructuous, with no order as to costs; the merits of the retirement-age issue were not adjudicated.

Detailed headnote1 paragraphs

Writ Petition No.18565 of 2024, High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), decided on 05.12.2025 by Nyapathy Vijay, J. The petitioner, B.V. Krishna Reddy, Deputy Manager in the A.P. State Agro Industries Development Corporation Limited, had challenged the notice of retirement vide No.Pers/EPF/1858/97.Vol-ll dated 8.9.2023 issued by the Corporation (3rd respondent) as illegal, arbitrary and against natural justice, contending that his retirement before the superannuation age of 62 years violated the A.P. Public Employment (Regulation of age Superannuation) Act, 1984 and G.O.Ms.No.15, Finance (HR.IV-FR and LR) Department, dated 31-01-2022, and prayed for continuance in service till 62 years with pay and allowances; an interim application (IA No.1 of 2024 under Section 151 CPC) sought suspension of the retirement notice. At hearing, learned counsel for the petitioner submitted that the cause in the writ petition does not survive for adjudication; recording the submission, the Court dismissed the writ petition as infructuous with no order as to costs, and miscellaneous petitions, if any, stood dismissed. The merits of the retirement-age controversy were not adjudicated.

APHC010363872024

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3460]

FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

WRIT PETITION NO: 18565/2024

Between:

B.V.KRISHNA REDDY,, S/O BAYAPUREDDY, AGED 59 YEARS, OCC- DEPUTY MANAGER A.P.STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED, MANGALAGIRI, GUNTUR DISTRICT.

...PETITIONER

AND

STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND CO-OPERATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY, FINANCE (HR. IV FR AND LR) DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

A P STATE AGRO INDUSTRIES DEVELOPMENT CORPORATION LIMITED, REP. BY ITS VICE CHAIRMAN AND MANAGING DIRECTOR, AT VADDESWARAM (V), MANGALAGIRI, GUNTUR DISTRICT.

...RESPONDENT(S):

2

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue and appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus by declaring the notice of retirement vide No.Pers/EPF/1858/97.Vol-ll, dated 8.9.2023 issued by 3rd respondent as illegal, arbitrary and against natural justice and contrary to the provisions of A.P. Public Employment (Regulation of age Superannuation) Act, 1984, violation of G.O.Ms.No.15, Finance (HR.IV-FR and LR) Department, dt. 31-012022 and violating the Fundamental Rights of the petitioner under articles 14, 16 and 21 of the Constitution of India, and consequently, direct the respondents to continue the petitioner in service till attaining the age of Superannuation i.e., 62 years without any break and with all consequential attendant benefits including regular pay and allowances in accordance with the G.O.Ms.No.15, dt. 31-01-2022 and pass

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to continue the petitioner in service till attaining the age of superannuation i.e., 62 years without any break and with ail consequential attendant benefits including regular pay and allowances in accordance with the G.O.Ms.No.15, dt. 31-01-2022 by suspending the notice of retirement vide No.Pers/EPF/1858/97.Vol-ll, dated 8.9.2023 issued by 3"^ respondent pending disposal of the above writ petition and pass

Counsel for the Petitioner:

1.KOCHIRI RAJA SHEKAR

Counsel for the Respondent(S):

1.GP FOR SERVICES I

2.P SHASHI VARDHAN

The Court made the following:

3

HON’BLE SRI JUSTICE NYAPATHY VIJAY

W.P.No.18565 of 2024

ORDER:

Learned counsel for the Petitioner submits that the cause in

the writ petition does not survive for adjudication.

Recording the said submission, the writ petition is

dismissed as infructuous. No order as to costs.

As a sequel, the miscellaneous petitions if any shall stand

dismissed.

__________________ NYAPATHY VIJAY, J

Date: 05.12.2025

KLP