N.Nagini, Vs The State of Andhra Pradesh

NIDIKONDA DURGA RAO, , S/O ATCHAIAH, AGE 59 YEARS, NMR ATTENDER PANCHAYATRAJ, VEMURU SUBDIVISION, VEMURU MANDAL, PRESENT TENALI DIVISION, BAPATLA DIST

¶10

...PETITIONER

¶11

AND

¶12

THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT,VELAGAPUDI, GUNTUR DIST.

¶13

THE ENGINEERINCHIEF, PANCHAYATRAJ DEPARTMENT, GOVT OF A.P., OPP PWD GROUND , BANDAR ROAD , VIJAYAWADA, KRISHNA DIST.

¶14

THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, 1ST FLOOR, 2ND BLOCK, VELAGAPUDI, GUNTUR DIST.

¶15

THE SUPERINTENDING ENGINEER, PANCHAYATRAJ DEPT, BAPATLA DIST.

¶16

THE EXECUTIVE ENGINEER, PANCHAYATRAJ DEPT, BAPATLA, BAPATLA DIST.

¶17

THE DEPUTY EXECUTIVE ENGINEER, PANCHAYATRAJ DEPT, VEMURU SUB-DIVISION, TENALI, GUNTUR DIST.

¶18

2

¶19

...RESPONDENT(S):

¶20

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 topleased to issue a Writ , order or direction more particularly one in the nature of Writ of Mandamus directing the respondents to continue the petitioner as Office Subordinate /Attender up to 62 years by considering the G.O.Ms.No. 15 dated 31./01.2022 issued by the 1st respondent and set aside Cir.Memo.No. 1813129/FIN01- HR/212/2022-HR-IV dated 23/9/2022 of the 3rd respondent and further direct the respondents to continue the petitioner in his post till attaining age of superannuation of 62 Years and pay the attendant and consequential benefits to the petitioner and pass

¶21

IA NO: 1 OF 2023

¶22

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 pleased to direct the respondents to continue the petitioner as Office subordinate/Attender by considering the orders in W.P.No.38639/2022 dated 29.11.2022 on the file of this Hon'ble Court, till attaining superannuation age of 62 years by paying all attendant benefits and pass

¶23

Counsel for the Petitioner:

¶24

1.T V V KOTESWARA RAO

¶25

Counsel for the Respondent(S):

¶26

GP FOR SERVICES IV

¶27

GP FOR SERVICES I

¶28

WRIT PETITION NO: 10467/2023

¶29

Between:

¶30

PEMMARAJU HARE RAMAKRISHNA, S/O. LATE SATYANARAYANA MURTHY, AGED ABOUT 60 YEARS, OCC. BILL COLLECTOR, 0/O. WEST VIPPARRU GRAM PANCHAYAT, PENTAPADU MANDAL, WEST GODAVARI DISTRICT. R/O. PATTIMPALEM. KUMMUGUDEM POST, TADEPALLIGUDEM MANDAL, WEST GODAVARI DISTRICT.

3

...PETITIONER

AND

THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

¶35

THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT,SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

¶36

THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT.

¶37

THE DISTRICT COLECTOR, BHIMAVARAM, WEST GODAVARI DISTRICT.

¶38

THE DISTRICT PANCHAYT OFFICER, BHIMAVARAM, WEST GODAVARI DISTRICT.

¶39

WEST VIPPARRU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PENTAPADU MANDAL, WEST GODAVARI DISTRICT.

¶40

...RESPONDENT(S):

¶41

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 topleased to issue a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the action of the respondents in not extending the benefit of enhancement of age of superannuation from 60 years to 62 years to the petitioner in terms of the G.O.Ms.No.15, dt.31.01.2022 issued by the Government is illegal, arbitrary, unjust and violation of Article 14 and 21 of Constitution of India and consequently direct the respondents to continue the petitioner in service on the attaining age of superannuation of 62 years on par with the similar Government employees in terms of the G.O.Ms.No.15, dt.31.01.2022 and pay the monthly salary and all benefits to him and pass

¶42

IA NO: 1 OF 2023

¶43

4

¶44

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 pleased to direct the respondents to continue the petitioner in service on the attaining age of superannuation of 62 years on par with the similar Government employees in terms of the G.O.Ms.No.15, dt.31.01.2022 and pay the monthly salary to him pending disposal of the Writ Petition and pass

¶45

IA NO: 2 OF 2023

¶46

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 Pleased to vacate the interim Order dated 25-04-2023 in WP No. 10467 of 2023 and to dismiss the Writ Petition and to pass

¶47

Counsel for the Petitioner:

¶48

1.S LAKSHMINARAYANA REDDY

¶49

Counsel for the Respondent(S):

¶50

1.GP FOR SERVICES IV

¶51

2.GP FOR SERVICES I

¶52

3.G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES) WRIT PETITION NO: 10468/2023

¶53

Between:

¶54

P N V RAMACHANDRA MURTHY, S/O. LATE LAKSHMINARAYANA, AGED ABOUT 60 YEARS, OCC. BILL COLLECTOR, 0/O. POTHUNURU GRAM PANCHAYAT, DENDULURU MANDAL, ELURU DISTRICT. R/O. D.NO.16200, SRI GANESH HANUMAN NAGAR, ELURU, ELURU DISTRICT-534001

¶55

...PETITIONER

¶56

AND

¶57

THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

¶58

5

¶59

THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT,SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

¶60

THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT.

¶61

THE DISTRICT COLLECTOR, , ELURU, ELURU DISTRICT.

¶62

THE DISTRICT PANCHAYT OFFICER, , ELURU, ELURU DISTRICT.

¶63

POTHUNURU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, POTHUNURU, DENDULUR MANDAL, ELURU DISTRICT.

¶64

...RESPONDENT(S):

¶65

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 topleased to issue a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the action of the respondents in not extending the benefit of enhancement of age of superannuation from 60 years to 62 years to the petitioner in terms of the G.O.Ms.No.15, dt.31.01.2022 issued by the Government is illegal, arbitrary, unjust and violation of Article 14 and 21 of Constitution of India and consequently direct the respondents to continue the petitioner in service on the attaining age of superannuation of 62 years on par with the similar Government employees in terms of the G.O.Ms.No.15, dt.31.01.2022 and pay the monthly salary and all benefits to him and pass

¶66

IA NO: 1 OF 2023

¶67

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 pleased to direct the respondents to continue the petitioner in service on the attaining age of superannuation of 62 years on par with the similar Government employees in terms of the G.O.Ms.No.15, dt.31.01.2022 and pay the monthly salary to him pending disposal of the Writ Petition and pass such

¶68

6

¶69

IA NO: 1 OF 2024

¶70

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 pleased to vacate the interim Orders in dated 25-04-2023 in WP.No. 10468 of 2023 and to dismiss the Writ Petition and to pass

¶71

Counsel for the Petitioner:

¶72

1.S LAKSHMINARAYANA REDDY

¶73

Counsel for the Respondent(S):

¶74

1.GP FOR SERVICES IV

¶75

2.GP FOR SERVICES I

¶76

3.G SRINIVASULA REDDY (SC FOR ZPP MPP AND GP SERVICES)

¶77

WRIT PETITION NO: 17621/2023

¶78

Between:

¶79

NARNI VENKATA SATYANANDHA NAGESWARA RAO, S/O NARNI PERAYYA ANE TATAYYA, AGED ABOUT 59 YEARS, NMR TECHNICAL WORK INSPECTOR, 0/0 DEPUTY EXECUTIVE ENGINEER, PANCHAYATRAJ DEPARTMENT (PRI), TADEPALLIGUDEM, W.G. DIST.

¶80

...PETITIONER

¶81

AND

¶82

THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT,VELAGAPUDI, GUNTUR DIST.

¶83

THE ENGINEERINCHIEF, PANCHAYATRAJ DEPARTMENT, GOVT OF A.P., OPP. PWD GROUND , BANDAR ROAD , VIJAYAWADA, KRISHNA DIST.

¶84

THE STATE OF A P, . REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, 1ST FLOOR, 2ND BLOCK, VELAGAPUDI, GUNTUR DIST.

¶85

7

¶86

THE SUPERINTENDING ENGINEER, ,ELURU, ELURU DIST.

¶87

THE EXECUTIVE ENGINEER, PANCHAYATRAJ DEPT, BHIMAVARAM, BHIMAVARAM DIST.

¶88

THE DEPUTY EXECUTIVE ENGINEER, PANCHAYATRAJ DEPT, TADEPALLIGUDEM, W.G. DIST.

¶89

...RESPONDENT(S):

¶90

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 topleased to issue a Writ , order or direction more particularly one in the nature of Writ of Mandamus directing the respondents to continue the petitioner as Technical Work Inspector up to 62 years by considering the G.O.Ms.No. 15 dated 31./01.2022 issued by the 1st respondent and set aside Cir.Memo.No. 1813129/FIN01-HR/212/2022-HR-IV dated 23/9/2022 of the 3rd respondent and further direct the respondents to continue the petitioner in his post till attaining the age of superannuation of 62 Years and pay the attendant and consequential benefits to the petitioner and pass

¶91

IA NO: 1 OF 2023

¶92

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 pleased to direct the respondents to continue the petitioner as Technical work inspector by considering the orders in W.P.No.15561/2023 dated 28.06.2023 on the file of this Hon'ble Court, till attaining superannuation age of 62 years by paying salary and all attendant benefits and pass

¶93

IA NO: 2 OF 2023

¶94

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 pleased to vacate the interim directions granted on dated 18-07-2023 in WP.No. 17621 of 2023 and to dismiss the Writ Petition and to pass

¶95

Counsel for the Petitioner:

¶96

1.T V V KOTESWARA RAO

¶97

Counsel for the Respondent(S):

¶98

8

¶99

1.GP FOR SERVICES IV

¶100

2.GP FOR SERVICES I

¶101

WRIT PETITION NO: 17623/2023

¶102

Between:

¶103

RAMINEEDI SRINIVASARAO, S/O NARASIMHAM, AGED ABOUT 59 YEARS, NMR TECHNICAL WORK INSPECTOR, O/O DEPUTY EXECUTIVE ENGINEER, PANCHAYATRAJ DEPARTMENT (PRI), KOVVURU, E.G. DIST.

¶104

...PETITIONER

¶105

AND

¶106

THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT,VELAGAPUDI, GUNTUR DIST.

¶107

THE ENGINEERINCHIEF, PANCHAYATRAJ DEPARTMENT, GOVT OF A.P., OPP. PWD GROUND , BANDAR ROAD , VIJAYAWADA, KRISHNA DIST.

¶108

THE STATE OF A P, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, 1ST FLOOR, 2ND BLOCK, VELAGAPUDI, GUNTUR DIST.

¶109

THE SUPERINTENDING ENGINEER, ELURU, ELURU DIST. , PANCHAYAT RAJ DEPARTMENT.

¶110

THE EXECUTIVE ENGINEER, PANCHAYATRAJ DEPT, BHIMAVARAM, BHIMAVARAM DIST.

¶111

THE DEPUTY EXECUTIVE ENGINEER, PANCHAYATRAJ DEPT, KOVVURU E.G.DIST.

¶112

...RESPONDENT(S):

¶113

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 topleased to issue a Writ , order or direction more particularly one in the nature of Writ of Mandamus directing the respondents to continue the petitioner as Technical Work Inspector up to 62 years by considering the G.O.Ms.No. 15 dated 31./01.2022 issued by the 1st respondent and set aside

¶114

9

¶115

Cir.Memo.No. 1813129/FIN01- HR/212/2022-HR-IV dated 23/9/2022 of the 3rd respondent and further direct the respondents to continue the petitioner in his post till attaining the age of superannuation of 62 Years and pay the attendant and consequential benefits to the petitioner and pass

¶116

IA NO: 1 OF 2023

¶117

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 pleased to direct the respondents to continue the petitioner as Technical work inspector by considering the orders in W.P.No.15561/2023 dated 28.06.2023 on the file of this Hon'ble Court, till attaining superannuation age of 62 years by paying salary and all attendant benefits and pass

¶118

IA NO: 2 OF 2023

¶119

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 pleased to vacate the interim directions granted on dated 18.07.2023 in W.P.No.17623 of 2023 and to dismiss the Writ Petition and to pass

¶120

Counsel for the Petitioner:

¶121

1.T V V KOTESWARA RAO

¶122

Counsel for the Respondent(S):

¶123

1.GP FOR SERVICES IV

¶124

2.GP FOR SERVICES I

¶125

WRIT PETITION NO: 18202/2023

¶126

Between:

¶127

R VENKATESH, S/O RAJULA RAMAIAH, AGE 59 YEARS, JUNIOR ASSISTANT, O/O ASSISTANT ENGINEER , (PR), P.I.U, DIVISION, ONGOLE, PRAKASAM . DIST.

¶128

...PETITIONER

¶129

AND

¶130

THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATRAJ AND RURAL

¶131

10

¶132

DEVELOPMENT, SECRETARIAT,VELAGAPUDI, GUNTUR DIST.

¶133

THE ENGINEERINCHIEF, PANCHAYATRAJ DEPARTMENT, GOVT OF A.P., OPP. PWD GROUND , BANDAR ROAD , VIJAYAWADA, KRISHNA DIST.

¶134

THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT, 1ST FLOOR, 2ND BLOCK, VELAGAPUDI, GUNTUR DIST.

¶135

THE EXECUTIVE ENGINEER, PANCHAYATRAJ DEPT, P.I.U, DIVISION ONGOLE, PRAKASAM DIST.

¶136

THE DEPUTY EXECUTIVE ENGINEER, PANCHAYATRAJ DEPT, P.I.U SUB-DIVISION, ONGOLE, PRAKASAM DIST.

¶137

...RESPONDENT(S):

¶138

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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus directing the respondents to continue the petitioner as Junior Assistant up to 62 years by considering the G.O.Ms.No. 15 dated 31./01.2022 issued by the 1st respondent and set aside Cir.Memo.No. 1813129/FIN01-HR/212/2022-HR-IV dated 23/9/2022 of the 3rd respondent and R.C.No. A5/266/08 dated 08.06.2023 of the 4th respondent and further direct the respondents to continue the petitioner in his post till attaining the age of superannuation of 62 Years and pay the salary and consequential benefits to the petitioner and pass

¶139

IA NO: 1 OF 2023

¶140

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 pleased to direct the respondents to continue the petitioner as junior Assistant up to 62 years by suspending the impugned proceedings R.C.No. A5/266/08 dated 08.06.2023 of the 4th respondent, in view of orders in W.P.No. 33818/2022 dated 18.10.2022 of this Hon'ble court and pass

¶141

IA NO: 2 OF 2023

¶142

11

¶143

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 pleased to vacate the interim directions granted on dated 24-07-2023 in WP.No. 18202 of 2023 and to dismiss the Writ Petition and to pass

¶144

Counsel for the Petitioner:

¶145

1.T V V KOTESWARA RAO

¶146

Counsel for the Respondent(S):

¶147

1.GP FOR SERVICES IV

¶148

2.GP FOR SERVICES I

¶149

WRIT PETITION NO: 18225/2023

¶150

Between:

¶151

V SREEDHAR, S/O VENKATESWARA RAO AGED ABOUT 59 YEARS, CURRENTLY WORKING AS ASSISTANT UNIVERSITY ENGINEER, DR. YSR UNIVERSITY OF HEALTH SCIENCES, R/O 101, SAN ORCHID APARTMENTS, CENTRAL EXCISE COLONY, NEAR ANDHRA LOYOLA COLLEGE, VIJAYAWADA-520008.

¶152

...PETITIONER

¶153

AND

¶154

THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, HEALTH, MEDICAL AND FAMILY WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

¶155

THE VICE CHANCELLOR, DR.YSR UNIVERSITY OF HEALTH SCIENCES, VIJAYAWADA, ANDHRA PRADESH

¶156

DR YSR UNIVERSITY OF HEALTH SCIENCES, VIJAYAWADA, ANDHRA PRADESH REP BY ITS REGISTRAR.

¶157

THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT (HR.IV-FRANDLR), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

¶158

12

¶159

...RESPONDENT(S):

¶160

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 topleased to Issue an appropriate writ or order or direction more particularly in the nature of nature of Writ of Mandamus declaring the action of the Respondents, more particularly the 3rdRespondent in issuing proceedings in File No. 263/MI1/08 dated 07.02.2023 superannuating the Petitioner herein from service with effect from 31.07.2023, on attaining the age of 60 years instead of 62 years, as being illegal, arbitrary and in violation of Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2022 (Act 4 of 2022) and G.O.Ms.No.15, dated 31.01.2022 and also in violation of Article 14, 16of the Constitution of India and Consequently direct the 3rd Respondent to enhance the age of superannuation of the Petitioner to 62 years by setting aside the proceedings in File No. 263/MII/08 dated 07.02.2023issued by the 3rd Respondent and pass

¶161

IA NO: 1 OF 2023

¶162

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 pleased to direct the 3rd Respondent University herein to continue the services of the Petitioner herein till he attains the age of 62 years, pending disposal of the above Writ Petition and pass

¶163

IA NO: 2 OF 2023

¶164

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 pleased to suspend the proceedings in File No. 263/MII/08 dated 07.02.2023 issued by the 3rd Respondent, pending disposal of the above Writ Petition and pass

¶165

Counsel for the Petitioner:

¶166

1.N ASHWANI KUMAR

¶167

Counsel for the Respondent(S):

¶168

1.GP FOR SERVICES IV

¶169

2.GP FOR SERVICES I

¶170

13

¶171

3.GUTTAPALEM VIJAYA KUMAR (SC FOR Dr NTR HEALTH U) WRIT PETITION NO: 18427/2023

¶172

Between:

¶173

KALIGITHI ABRAHAM, S/O. SAMUEL, AGED ABOUT 59 YEARS, OCC. EMPLOYEE IN ANTI-MALARIA DEPARTMENT D.NO. 24-91-2, GONTHUVANIPALEM, GAJUWAKA, VISAKHAPATNAM

¶174

...PETITIONER

¶175

AND

¶176

THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY MEDICAL,HEALTH AND FAMILY WELFARE DEPARTMENT, SECRATARIAT, VELAGAPUDI, GUNTUR DIST.

¶177

THE DISTRICT COLLECTOR, VISAKHAPATNAM DIST VISAKHAPATNAM.

¶178

THE DISTRICT MEDICAL AND HEALTH OFFICER, VISHAKAPATNAM DIST, VISAKHAPATNAM.

¶179

THE DISTRICT MALARIA OFFICER, , PADERU, VISAKHAPATNAM DIST.

¶180

THE SENIOR ENTOMOLOGIST ANTI MALERIA UNIT, , GAJUWAKA, VISAKHAPATNAM

¶181

THE CHAIRMAN CUM MANAGING DIRECTOR, VISAKHHAPATNAM STEEL PLANT VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT

¶182

...RESPONDENT(S):

¶183

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 topleased to issue writ or order more particularly one in the nature of writ of mandamus to declare proceedings vide Letter No.29/AC/2023 dt.24-06-2022 issued by the 5th Respondent terminating the services of the petitioner in Anti Malaria Department in Steel Plant Malaria Unit, Visakahpatnam unilaterally alleging that he reached the age of superannuation on the basis of date of brith as illegal, arbitrary, against the principles of natural justichout considring G.O.Ms.No.15 Finance (HR.IV-

¶184

14

¶185

FRandLR) Department dt.31-01-2022 of Government of Andhra Pradesh consequently set aside proceedings vide Letter No.29/AC/2023 dt.24-06-2022 issued by the 5th Respondent and continue the petitioner in service in Anti Malaria Department in Steel Plant Malaria Unit, Visakahpatnam until attaining the age of 62 years by considering G.O.Ms.No.15 Finance (HR.IV-FR andLR) Department dt.31-01-2022 of Government of Andhra Pradesh with all consequential benefits and pass such other and pass

¶186

IA NO: 1 OF 2023

¶187

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 pleased suspend the proceedings vide Letter No.29/AC/2023 dt.24-06-2022 issued by the 5th Respondent by permitting the petitioner to continue in Anti Malaria Department in Steel Plant Malaria Unit, Visakahpatnam till attaining the age of 62 years as per G.O.Ms. No. 15 Finance (HR.IV-FR andLR) Department dated 31-01¬2022 of Government of Andhra Pradesh and pass

¶188

IA NO: 2 OF 2023

¶189

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 pleased to vacate the interim directions granted on dated 27.07.2023 in W.P.No.18427 of 2023 and to dismiss the Writ Petition and to pass

¶190

Counsel for the Petitioner:

¶191

1.PECHATHY RANGA RAO

¶192

Counsel for the Respondent(S):

¶193

1.KIRAN KUMAR VADLAMUDI

¶194

2.GP FOR SERVICES IV

¶195

WRIT PETITION NO: 19060/2023

¶196

Between:

¶197

N.NAGINI,, W/O NEHEMYA, AGED 61 YEARS, OCC. MPHA (F)/ EC ANM ON CONTRACT BASIS, SUB-CENTRE DAMARAPALLY, PHC THULIUM, GUNTUR DISTRICT.

15

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, HEALTH MEDICAL AND FAMILY WELFARE DEPT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

¶202

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

¶203

THE COMMISSIONER OF HEALTH AND FAMILY WELFARE, AP, MANGALAGIRI, GUNTUR DISTRICT.

¶204

THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, STATE OF AP, GOLLAPUDI, VIJAYAWADA.

¶205

THE DISTRICT MEDICAL AND HEALTH OFFICER, GUNTUR DISTRICT, AT GUNTUR.

¶206

THE MEDICAL OFFICER, PRIMARY HEALTH CENTRE, THULLUR, GUNTUR DISTRICT.

¶207

...RESPONDENT(S):

¶208

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 topleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents herein, particularly the 6th respondent herein in issuing the impugned retirement order vide proceeding. Rc.No.Spl/E1/2023, dated 03-7-2023, without extending the benefit of age of superannuation upto 62 years to the petitioner herein also, as per the G.O.Ms.No.15, Finance Department dated 31-1-2022 as highly illegal, arbitrary, discrimination, contrary to the law and also without jurisdiction and consequential the Hon'ble court may pleased to declaring that the petitioner herein is entitled to continue in service upto 62 years as MPHA (F)/ EC ANM on contract basis, by set asiding the impugned order dated 03-7-2023, with all consequential benefits and may pass

¶209

IA NO: 1 OF 2023

¶210

16

¶211

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 pleased to direct the respondents herein to continue the petitioner in service MPHA (F)/ EC ANM on Contract basis upto the age of 62 years, by suspending the impugned retirement order issued vide proceeding Rc.No.Spl/E1/2023, dated 03-7-2023 pending disposal of the writ petition and pass

¶212

IA NO: 2 OF 2023

¶213

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 pleased to vacate the interim directions issued in WP.No. 19060 of 2023, dated 31-07-2023 and to dismiss the Writ Petition and to pass

¶214

Counsel for the Petitioner:

¶215

1.M R TAGORE

¶216

Counsel for the Respondent(S):

¶217

1.GP FOR SERVICES IV

¶218

2.GP FOR SERVICES I

¶219

WRIT PETITION NO: 19721/2023

¶220

Between:

¶221

SHAIK HAZI MADEEN, S/O.SHAIK MASTAN, MUSLIM, AGED ABOUT 49 YEARS, OCC . MULTI PURPOSE HEALTH ASSISTANT, R/O. D.NO.5-86, KANAGALA POST, CHERUKUPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

¶222

SHAIK TAMIZUDDIN, S/O. ABDUL KHATIL, MUSLIM, AGED ABOUT 44 YEARS, OCC . M.P.H.A, R/O. D.NO.9-1, KANAGALA POST, CHERUKUPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

¶223

ABDUL GAFAR,, S/O. ABDUL KHUDDUS, MUSLIM, AGED ABOUT 43 YEARS, OCC . M.P.H.A, R/O. D.NO.1-48, KANAGALA POST, CHERUKUPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

¶224

17

¶225

SHAIK SARDAR JANI,, S/O.JILANI, MUSLIM, AGED ABOUT 47 YEARS, OCC . M.P.H.A, R/O. D.NO.4-22-51/6, 2ND LINE, GOUTHAMI NAGAR, KORETIPADU, GUNTUR DISTRICT, ANDHRA PRADESH.

¶226

AMBATI VENKATA RAO, , S/O. SUBBA RAO, HINDU, AGED ABOUT 51 YEARS, OCC . M.P.H.A, R/O. D.NO.11-70/1, FLAT NO.302, S.S.NIVAS-2, ANNAPURNA NAGAR, 5TH LANE EAST, VENKATESWARA COLONY, GORANTLA, GUNTUR DISTRICT, ANDHRA PRADESH.

¶227

PULIGADDA AYYADEVARA RAMAKRISHNA,, S/O. RANGA RAO, HINDU, AGED ABOUT 50 YEARS, OCC . MULTI PURPOSE HEALTH ASSISTANT, R/O. 1-63-12, CHERUKUPALLI POST AND MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

¶228

BALLA SRINIVASA RAO,, S/O. VENKATESWARLU, HINDU, AGED ABOUT 49 YEARS, OCC . MULTI PURPOSE HEALTH ASSISTANT, R/O. D.NO.26-39-124/A, IIND LANE, SRI RAM NAGAR, NALLAPADU ROAD, GUNTUR DISTRICT, ANDHRA PRADESH.

¶229

GUDISE SANKARA REDDY,, S/O. PULLA REDDY, HINDU, AGED ABOUT 45 YEARS, OCC . MULTI PURPOSE HEALTH ASSISTANT, R/O. D.NO.2-104/A, RAJU PALEM POST AND MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

¶230

GUTTIKONDA MAHESH BABU,, S/O. KOTI NAGAIAH, HINDU, AGED ABOUT 43 YEARS, OCC . MULTI PURPOSE HEALTH ASSISTANT, R/O. D.NO.7-16-36/A, NALAM VARI STREET, GANGANAMMAPET, TENALI, GUNTUR DISTRICT, ANDHRA PRADESH.

¶231

KONTHETI VENKATA RAMANA RAO,, S/O. SURYANARAYANA, HINDU, AGED ABOUT 46 YEARS, OCC . M.P.H.A. R/O.D.NO.6-69-B, CHINTHAPALLIPADU POST, VATTICHERUKURI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

¶232

BONTHA VINAYA KUMAR,, S/O. ARJUNA RAO, HINDU, AGED ABOUT 45 YEARS, OCC . MULTI PURPOSE HEALTH ASSISTANT, R/O. D.NO.5-45/1, VELURU POST,

¶233

18

¶234

CHILAKALURIPET MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

¶235

VASANTHAPU HARIN BABU,, S/O. LAKSHMAIAH, HINDU, AGED ABOUT 43 YEARS, OCC M.P.H.A, RIO. D.NO.5-1-94, GANGIREDDYPALEM POST, BELLAMKONDA MANDAL,GUNTUR DISTRICT, ANDHRA PRADESH.

¶236

KOPPULA SEETHA RAMAIAH, , S/O. PEDA SAMBASIVA RAO, HINDU, AGED ABOUT 47 YEARS. OCC M.P.H.A., R/O. D.NO.12-18, INDIRA COLONY, DACHEPALLI POST AND MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

¶237

KOPPULA RAMU,, S/O. PURNAIAH, HINDU, AGED ABOUT 47 YEARS, OCC .M.P.H.A., R/O.D.NO.12-17 INDIRA COLONY, DACHEPALLI POST AND MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

¶238

KOPPULA RAM MOHAN RAO,, S/O.PICHAIAH, HINDU, AGED ABOUT 46 YEARS, OCC . M.P.H.A., R/O.D.NO.8-329, MANSYSHAPETA, NARAYANAPURAM POST, DACHEPALLI MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH.

¶239

VENKATA SATAYANARAYANA KAVURI,, S/O. VENKTESWARLU, HINDU, AGED ABOUT 39 YEARS, OCC . M.P.H.A., R/O. D.NO.25-23, SAILIPETA, DAMASLA KONDAIAH STREET, CHILAKALURIPET, GUNTUR DISTRICT, ANDHRA PRADESH.

¶240

SHAIK ALLA BAKSHI,, S/O. SUBANI, MUSLIM, AGED ABOUT 48 YEARS, OCC . M.P.H.A., R/O.D.NO.6-81, CHINAMATLAPUDI VILLAGE, NAGARAM MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH

¶241

...PETITIONER(S)

¶242

AND

¶243

THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY MEDICAL, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH

¶244

THE DIRECTOR OF PUBLIC HEALTH AND FAMILY WELFARE, MANGALAGIRI, GUNTUR, GUNTUR DISTRICT,

¶245

19

¶246

ANDHRA PRADESH.

¶247

THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT.

¶248

THE DISTRICT MEDICAL AND HEALTH OFFICER, GUNTUR DISTRICT, GUNTUR.

¶249

...RESPONDENT(S):

¶250

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 topleased to issue a writ order or direction particularly in the nature of Writ of Mandamus to declare the action of the Respondents, not considering the notional seniority, and consequential benefits of the petitioners as Multi Purpose Health Assistants (Male) as per Judgment of Hon'ble High Court of Telangana, in W.P.No.16282 of 2022, and batch dated.20-09-2022, is illegal, arbitrary and in violation of Principles of Natural Justice, and also in violation of Article 14, 16 and 21 of the Constitution of India, consequently direct the respondents strictly adher the Judgment of Hon'ble High Court of Telangana, in W.P.No.16282 of 2022, dated 20-09-2022, and batch, and to pass

¶251

IA NO: 1 OF 2023

¶252

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 pleased to direct the respondents consider the representation submitted by the petitioners on 2606¬2023, for their notional seniority and their consequential benefits, strictly adher the Judgment of Hon'ble High Court of Telangana in W.P.No.16282 of 2022, and batch dated 20-09-2022, pending disposal of the above writ petition, and to pass

¶253

Counsel for the Petitioner(S):

¶254

1.CH NAGA MEHAR BABA

¶255

Counsel for the Respondent(S):

¶256

1.GP FOR SERVICES IV

¶257

WRIT PETITION NO: 25666/2023

¶258

Between:

¶259

20

¶260

RANGALA SYAMASUNDAR RAO, S/O. VENKATA SWAMY, AGED ABOUT 60 YEARS, OCC. EMPLOYEE, R/O.KARJI STREET, ICHAPURAM, SRIKAKULAM DISTRICT.

¶261

...PETITIONER

¶262

AND

¶263

THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY TO GOVERNMENT, MEDICAL HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI.

¶264

THE DIRECTOR OF MEDICAL AND HEALTH SERVICES, GOVT OF ANDHRA PRADESH, GOLLAPUDI, VIJAYAWADA, KRISHNA DISTRICT.

¶265

THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, SRIKAKULAM.

¶266

THE DISTRICT MEDICAL AND HEALTH OFFICER, SRIKAKULAM DISTRICT, RANASTHALI.

¶267

THE MEDICAL OFFICER, PRIMARY HEALTH CARE CENTER, KOLIGAM, SRIKAKULAM DISTRICT.

¶268

...RESPONDENT(S):

¶269

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 topleased to issue an appropriate Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS, to declare the action of respondents in not continuing the services of the petitioner as 'Multi-Purpose Health Assistant (Male)' at Tulasigam and Loddaputti Dr. YSR Village Health Clinic, Koligam Primary Health Care Center, Srikakulam District, without any notice or intimation or proceedings, merely on the ground that the petitioner has attained 60 years of age not considering the rule position as stipulated in G.O.Ms.No.15 Finance (HR IV-FRandLR) dated 31.01.2022 and to declare the same as illegal, arbitrary, unjust, discriminatory and also in violation of principles of natural justice besides being contrary to the orders passed by this Hon'ble court in W.P. No. 9083 of 2023 dated 19.04.2023 and consequently direct the respondents to continue the services of the petitioner as 'Multi-Purpose Health Assistant (Male)' at Loddaputti Dr. YSR Village

¶270

21

¶271

Health Clinic, Koligam Primary Health Care Center, Srikakulam District till the petitioner attains the age of superannuation i.e. 62 years, in accordance with G.O.Ms.No.15 Finance (HR IV-FRandLR) dated 31.01.2022 and pass

¶272

IA NO: 1 OF 2023

¶273

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 pleased to DIRECT the respondents to continue the services of the petitioner as 'Multi Purpose Health Assistant' of the 4th respondent organization till the petitioner attains the age of 62 years pending disposal of the writ petition and pass

¶274

Counsel for the Petitioner:

¶275

1.MADHU SUDANA SAI RAM ASADI

¶276

Counsel for the Respondent(S):

¶277

1.GP FOR SERVICES IV

¶278

The Court made the following:

¶279

22

¶280

HON’BLE SRI JUSTICE NYAPATHY VIJAY

¶281

W.P.Nos.4455, 10467, 10468, 17621, 17623, 18202, 18225, 18427,19060, 19721, 25666 of 2023

¶282

COMMON ORDER :

¶283

These writ petitions are filed seeking enhancement of superannuation up to 62 years as per G.O.Ms.No.15 dated 31.01.2022.

¶284

The Petitioners are working under different designations in different departments. As State Government had enhanced the age of 62 years for Government employees by amending the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, the present writ petitions were filed seeking for similar relief.

¶285

This Court granted interim orders, directing the Respondents to continue the Petitioners till the age of superannuation of 62 years.

¶286

Learned counsel for the Petitioners submits that though the Petitioners had completed 62 years of service, salary for the period they worked from 60 to 62 years is not paid by the Respondents.

¶287