M.V.S.V.B. Acharyulu, v. The State of Andhra Pradesh

Andhra Pradesh HC24 Apr 2025WP/3104/2021

Case brief

AI extract

What is this about?

Superannuation age enhancement 58 to 60 years; APSTEP and STEP-SWASAKTHI employees; Managing Committee resolution dated 12.07.2017; G.O.Ms.No.138 dated 08.08.2017; G.O.Ms.No.25 dated 29.11.2017; A. Veerraju v. State of Andhra Pradesh, Civil Appeal No. 10273 of 2017 and Batch; salary and allowances for period 01.10.2018/01.08.2018 to 04.06.2020; Article 226; Articles 14, 16, 21, 300-A; writ petitions allowed without costs.

What did the court decide?

Writ Petitions allowed: Petitioners entitled to superannuation till 60 years with all consequential benefits; no order as to costs. ¶137

M.V.S.V.B. Acharyulu, Vs The State of Andhra… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Writ Petitions allowed: Petitioners entitled to superannuation till 60 years with all consequential benefits; no order as to costs.

¶137

Issue for consideration

Whether the resolution dated 12.07.2017 of the Managing Committee of Respondent No.2 society (APSTEP) deciding not to enhance the age of superannuation of its employees from 58 to 60 years, as enhanced by Government for Government employees, is illegal, arbitrary and discriminatory. +1 more

¶120

Court's answer

In the light of G.O.Ms.No.138 dated 08.08.2017, the judgment of the Hon'ble Apex Court, and G.O.Ms.No.25 which is exclusively meant for the Society that employs the Petitioners, passing of the resolution by the Managing Committee may be a formality.

¶136

Ratio / Principle

The Writ Petitions are allowed and the Petitioners are entitled for superannuation till 60 years with all consequential benefits, with no order as to costs.

¶137

Key takeaways

As a sequel, miscellaneous petitions, if any, pending shall stand closed.ratio¶138

Detailed headnote1 paragraphs

Andhra Pradesh High Court (Single Bench, Dr Justice Venkata Jyothirmai Pratapa) allowed three writ petitions by employees of STEP-SWASAKTHI/APSTEP seeking enhancement of the age of superannuation from 58 to 60 years and consequential monetary benefits. The Managing Committee of Respondent No.2 society had resolved on 12.07.2017 not to extend the enhancement granted to Government employees. Holding that, in view of G.O.Ms.No.138, Finance (HR.IV-FR) Department dated 08.08.2017, the Supreme Court's orders dated 09.08.2017 in Civil Appeal No. 10273 of 2017 and Batch (A. Veerraju and others v. State of Andhra Pradesh and others), and G.O.Ms.No.25 dated 29.11.2017 which is exclusively meant for the employer Society, passing of the resolution by the Managing Committee may be a formality, the Court allowed the petitions and declared the Petitioners entitled to superannuation till 60 years with all consequential benefits. No costs; miscellaneous petitions closed.

¶1

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

¶2

(Special Original Jurisdiction)

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

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PRESENT

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION Nos: 30151 OF 2018. 3465 OF 2021 AND 3104 OF 2021

¶7

WRIT PETITION NO: 30151 OF 2018

¶8

Between:

¶9

Venkata Ratnam, S/o. late Dasaiah, aged about 58 years, Occu. working as Accountant, STEP - SWASAKTHI, Collector Bunglow Road, 0pp. R & B Guest House, Guntur -522 004 (A.P.) R/o. H.No. Plot No. 503, Brundavan Fortune Apartments, No. 1/1, Udyog Nagar, Palakanuru Road, Gujjanagundia, Guntur -522 006 (AP).

¶10

...PETITIONER

¶11

AND

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The State of Andhra Pradesh, rep. by its Special Chief Secretary, Government of A.P., Youth Advancement, Tourism and^Culture Department, Secretariat Buildings, Velagapudi, Guntur-522^503.Andhra Pradesh.

¶13

A.P. Society for Training and Employment (APSTEP), A wholly owned undertaking of the Government of Andhra Pradesh, Door^No.39-2-19- A/12, APSEB City Centre Colony, Beside MVR Mall Lane, Labbipeta, Vijayawada-520010. Krishna Dist. rep. by its Managing^Director.

¶14

The Chairman and Dist. Collector, Society for Training and Employment Promotion, SWASAKTHI, A wholly owned undertaking of^Govt,of Andhra Pradesh , Collectorate, GUNTUR -522 004 (A.P.)

¶15

Society for Training and Employment Promotion, SWASAKTHI, A wholly owned undertaking of Govt, of Andhra Pradesh with its^officeat Collector Bunglow Road, Opp . R and B Guest House,^GUNTUR-522 004 (A.P.) rep. by its Chief Executive Officer.

¶16

...RESPONDENTS

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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 to call for the records and to issue orders, direction or Writ

¶18

•X

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more particularly in the nature of Writ of Mandamus for declaration declaring that the resolution of the Managing Committee of the Respondent No. 2 society in their meeting held on 12.07.2017 deciding^nottoenhance the age of superannuation of the employees of the APSTEP^andSTEP from (58) to (60) years as enhanced by Government in the case of Government employees is illegal, arbitrary, discriminatory,^{andviolationof} the Articles No. 14, 16 and 21 of the Constitution^{ofIndiaandviolationof} the principles of Natural Justice and hence set aside the same and consequently direct the respondents to grant the benefit of enhanced age of superannuation of (60) years to the petitioner in compliance with the orders issued vide GO Ms No. 138 Finance (HR.IV-FR) Department Dated 08.08.2017 read with the orders dated 09.08.2017 of the Honorable Supreme Court in Civil Appeal No. 10273 of 2017 and^Batch in the matter of A. Veerraju and others Vs. State of Andhra Pradesh^and others and pass such other further order o orders as may be just^{intheinterestsof} Law, Justice and Equity to avoid unwarranted damage , heavy and irreparable loss and injury to him.

¶20

lA NO: 1 OF 2018

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Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may be pleased to pass interim orders of suspension of the impugned orders vide Memo No. 1443/APSTEP/Admn/2014 dated 08-01-2018 issued by the respondent No.2 enabling him to continue in^service till he attains the age (60) years, pending disposal of the main writ petition.

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Counsel for the Petitioner: SRI SRINIVASA RAO NARRA

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Counsel for the Respondent No.1 : GP FOR TOURISM

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Counsel for the Respondent Nos.2 to 4 : SRI GANGULA^ASHOKKUMAR REDDY, SC FOR APSTET

¶25

¶26

WRIT PETITION NO: 3465 OF 2021

¶27

Between:

¶28

Venkata Ratnam, S/o. late Dasaiah, Aged about 61 years, Occu; Accountant, S.T.E.P. - SWASAKTHI, R/o. H.No. Plot No. 503, Brundavan Fortune Apartments, 1/1, Udyog Nagar, Palakanuru Road, Gujjanagundia, Guntur, Andhra Pradesh, PIN-522 006.

¶29

...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Youth Advancement, Tourism & Culture Department, Secretariat Buildings, Velagapudi, Guntur, Andhra Pradesh, PIN-522503.

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The State of Andhra Pradesh, Rep. by its secretary. Department of Finance, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh, PIN-522 503.

¶33

A.P. Society for Training and Employment Promotion (APSTEP), Rep. by its Managing Director. (A wholly owned undertaking of Govt of A.P) Door No. 39-2-19-A/12, APSEB City Centre Colony, Beside^MVRMall Lane, Labbipet, Vijayawada, Krishna District, Andhra^PradeshPIN- 520010.

¶34

The Chairman and District Collector, Society for Training & Employment Promotion, SWASAKTFII, (A wholly owned undertaking of Govt, of A.P), Collectorate, Guntur, Guntur District, Andhra Pradesh,^PIN-522004.

¶35

Society for Training and Employment Promotion, Rep. by its Chief Executive Officer, Promotion, SWASAKTFII, (A wholly^owned undertaking of Govt, of A.P.) With it's office at Collector Bungalow Road, Opp - R & B Guest Flouse, Guntur District, Andhra Pradesh, PIN522 004.

¶36

...RESPONDENTS

¶37

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh Court may be pleased to issue any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of Respondents in not giving salary and allowances to the petitioner for a period of dated 01.10.2018 to 04.06.2020 i.e. 20 months 4 day after his continuation of Service by way of G.O.Ms.No.138 and direct the Respondent^{Authoritiesto} pay the salary, allowances. Pay fixation, enhancement of salary and other

¶38

7 / .r-

¶39

attendant benefits accrued thereon after continuation of the service of the petitioner for the super annuation age of 58 to 60 years.

¶40

lA NO: 1 OF 2021

¶41

Petition under Section 151 CPC praying that in the^{circumstances} stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondent Authorities pay^{theandallowances} pertaining to the period from dated 01.10.2018 to 04.06.2020 i.e. 22 months, 4 days for the super annuation age of 58 to 60 years to the petitioner as an interim measure pending disposal of the above writ petition.

¶42

Counsel for the Petitioner : SRI SRINIVASA RAO NARRA

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Counsel for the Respondent No.1 : GP FOR TOURISM

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Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING

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Counsel for the Respondent Nos.3 to 5 : SRI GANGULA ASHOK KUMAR REDDY, SC FOR APSTET

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WRIT PETITION NO: 3104 OF 2021

¶47

Between:

¶48

M.V.S.V.B. Acharyulu, S/o. late Nanda Gopalam, Aged about 61 years, Occ; worked as Instructor, STEP - SWASAKTHI, Collector Bunglow Road, Opp - R&B Guest House, GUNTUR - 522 004 (A.P.) R/o. H.No. 8-12-44/21, Nehru Nagar, 8 Line, Beside Vekateswara Concept School, Guntur, Andhra Pradesh, PIN-522001.

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...PETITIONER

¶50

AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Youth Advancement, Tourism and Culture Department, Secretariat Buildings Velagapudi, Guntur, Andhra Pradesh, PIN-522503.

¶52

The State of Andhra Pradesh, Rep. by its secretary. Department of Finance, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh, PIN-522 503.

¶53

A.P. Society for Training and Employment Promotion (APSTEP), Rep. by its Managing Director. (A wholly owned undertaking of Govt of A.P) Door No. 39-2-19-A/12, APSEB City Centre Colony, Beside^MVRMall

¶54

/ ( '

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Lane, Labbipet, Vijayawada, Krishna District, Andhra^PradeshPIN- 520010.

¶56

¶57

The Chairman and District Collector, Society for Training^and Employment Promotion, SWASAKTHI, (A wholly owned undertaking^of Govt, of A.P), Collectorate, Guntur, Guntur District, Andhra^Pradesh, PIN-522004.

¶58

Society for Training and Employment Promotion, Rep. by its Chief Executive Officer, Promotion, SWASAKTHI, (A wholly^owned undertaking of Govt, of A.P.) With it's office at Collector Bungalow Road, Opp - Rand B Guest House, Guntur District, Andhra^Pradesh, PIN- 522 004.

¶59

...RESPONDENTS

¶60

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 to issue any Writ, Order or Direction more particularly one in the nature of Writ of Mandamus by declaring the action of Respondents without giving salary and allowances to the petitioner for a period of dated 01.08.2018 to 04.06.2020 i.e. 22 months 4 days is highly illegal, improper, unjust, arbitrary, against the principles of natural justice and in violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent authority to pay the salary, allowances. Pay fixation, enhancement of salary and other attendant benefits^{accruedthereonafter} continuation of the service of the petitioner for the super annuation age of 58 to 60 years.

¶61

lA NO: 1 OF 2021

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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 to direct the respondents Authorities to pay and allowances pertaining to the period from 01.08.2018 to 04.06.2020 i.e. 22 months, 4 days for the super Annuation age of 58 to 60 years to the petitioner as an interim measure pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI SRINIVASA RAO NARRA

¶64

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Counsel for the Respondent No.1 : GP FOR TOURISM

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Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 to 5 : SRI GANGULA ASHOK KUMAR REDDY, SC FOR APSTET

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The Court made the following: COMMON ORDER

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[3396]

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APHC010627422018

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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FRIDAY, THE TWENTY FIFTH DAY OF APRIL

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA

¶75

WRIT PETITION Nos. 30151/2018, 3465/2021 & 3104/2021

¶76

Writ Petition No.30151 of 2018: Between:

¶77

1.VENKATA RATNAM, S/0 LATE DASAIAH, AGED ABOUT 58 YEARS OCCU. WORKING AS . ACCOUNTANT, STEP SWASAKTHI, COLLECTOR BUNGLOW ROAD, OPP. R AND B GUEST HOUSE, GUNTUR -522 004 (A.P.) R/O H.NO. PLOT NO. 503, BRUNDAVAN FORTUNE APARTMENTS, NO. 1/1, UDYOG NAGAR, PALAKANURU ROAD, GUJJANAGUNDLA, GUNTUR -522 006 (AP).

¶78

...PETITIONER

¶79

AND

¶80

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL^CHIEF SECRETARY, GOVERNMENT OF A.P., YOUTH ADVANCEMENT, TOURISM AND CULTURE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR-522 503. ANDHRA PRADESH.

¶81

2.A P SOCIETY FOR TRAINING AND EMPLOYMENT APSTEP, A WHOLLY OWNED UNDERTAKING OF THE GOVERNMENT OF ANDHRA PRADESH, DOOR NO. 39-2-19-A/12, APSEB CITY CENTRE COLONY, BESIDE MVR MALL LANE, LABBIPETA, VIJAYAWADA520010. KRISHNA DIST. REP BY ITS MANAGING DIRECTOR.

¶82

3.THE CHAIRMAN AND DIST COLLECTOR, SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, SWASAKTHI A WHOLLY OWNED UNDERTAKING OF GOVT. OF ANDHRA PRADESH , COLLECTORATE, GUNTUR -522 004 (A.P.)

¶83

4.SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION, SWASAKTHI, A WHOLLY OWNED UNDERTAKING OF GOVT. OF ANDHRA PRADESH WITH ITS OFFICE AT COLLECTOR BUNGLOW ROAD, OPP . R AND B GUEST HOUSE, GUNTUR -522 004 (A.P.) REP. BY ITS CHIEF EXECUTIVE OFFICER

...RESPONDENT(S):

• 2

Writ Petition No.3465 of 2021:

¶88

Between:

¶89

1.VENKATA RATNAM, S/0 LATE DASAlAH, AGED ABOUT 61 YEARS OCCU- ACCOUNTANT, S.T.E.P., - SWASAKTHI R/0 H.NO. PLOT NO. 503, BRUNDAVAN FORTUNE APARTMENTS, 1/1, UDYOG NAGAR, PAAKANURU ROAD, GUJJANAGUNDLA, GUNTUR ANDHRA PRADESH, PIN-522 006.

¶90

...PETITIONER

¶91

¶92

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, YOUTH ADVANCEMENT, TOURISM 86 CULTURE DEPARTMENT, SECRETARIAT BUILDINGS, VEAGAPUDI GUNTUR, ANDHRA PRADESH, PIN-522503.

¶93

2.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY DEPARTMENT OF FINANCE, SECRETARIAT BUILDINGs’ VEAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH PIN-522 503.

¶94

3.A P SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION APSTEP, REP. BY ITS MANAGING DIRECTOR. (A WHOLLY OWNED UNDERTAKING OF GOVT OF A.P) DOOR NO. 39-2-19-A/12, APSEB CITY CENTRE COLONY, BESIDE MVR MALL ANE ABBIPET VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH PIN520010.

¶95

4.THE CHAIRMAN AND DISTRICT COLLECTOR, SOCIETY FOR TRAINING 86 EMPLOYMENT PROMOTION, SWASAKTHI (A WHOLLY OWNED UNDERTAKING OF GOVT. OF A.P),

¶96

COLLECTORATE, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH, PIN-522004.

¶97

1. SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION REP. BY ITS CHIEF EXECUTIVE OFFICER, PROMOTION, SWASAKTHI (A WHOLLY OWNED UNDERTAKING OF GOVT. OF A.P.) WITH^IT’S OFFICE AT COLLECTOR BUNGALOW ROAD, OPP - R AND B GUEST HOUSE, GUNTUR DISTRICT, ANDHRA PRADESH, PIN- 522 004.

¶98

Writ Petition No.3104 of 2021:

¶99

...RESPONDENT(S):

¶100

Between:

¶101

I.M.V.S.V.B. ACHARYULU, S/0. LATE NANDA GOPALAM AGED ABOUT 61 YEARS OCC- WORKED AS INSTRUCTOR, STEP - SWASAKTHI, COLLECTOR BUNGLOW ROAD, OPP - RANDB GUEST HOUSE, GUNTUR - 522 004 (A.P.) R/0. H.NO. 8-12-44/21 NEHRU NAGAR, 8 LINE, BE$IDE VEKATESWARA CONCEPT SCHOOL, GUNTUR, ANDHRA PRADESH, PIN-522001.

...PETITIONER

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, YOUTH ADVANCEMENT, TOURISM AND CULTURE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR, ANDHRA PRADESH, PIN-522503.

¶106

2.THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, DEPARTMENT OF FINANCE SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH, PIN-522 503.

¶107

3.A P SOCIETY FOR TRAINING AND EMPLOYMENT PROMOTION APSTEP, REP. BY ITS MANAGING DIRECTOR. (A WHOLLY OWNED UNDERTAKING OF GOVT OF A.P) DOOR NO. 39-2-19-A/12,^APSEB CITY CENTRE COLONY, BESIDE MVR MALL LANE, LABBIPET, VIJAYAWADA, KRISHNA DISTRICT, ANDHRA PRADESH PIN520010.

¶108

4.THE CHAIRMAN AND DISTRICT COLLECTOR, SOCIETY FOR TRAINING ANDEMPLOYMENT PROMOTION, SWASAKTHI, (A WHOLLY OWNED UNDERTAKING OF GOVT. OF A.P), COLLECTORATE, GUNTURw GUNTUR DISTRICT, ANDHRA PRADESH, PIN-522004. ... -V.:

¶109

5.SOCIETY FOR TRAINING AMD EMPLOYMENT PROMOTION, REP. BY ITS CHIEF EXECUTIVE OFFICER, PROMOTION, SWASAKTHI, (A WHOLLY OWNED UNDERTAKING OF GOVT. OF A.P.) WITH^IT'S OFFICE AT COLLECTOR BUNGALOW ROAD, OPP - RAND B GUEST HOUSE, GUNTUR DiSfRICT, ANDHRA PRADESH, PIN-⁵²² 004.

¶110

...RESPONDENT(S):

¶111

Counsel for the Petitioners:

¶112

1.SRINIVASA RAO NARRA

¶113

Counsel for the Respondent(S):

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1.GP FOR TOURISM(AP) A ^

¶115

2.GANGULA ASHOK KUMAR REDDY (SC FOR APSTEP)

¶116

The Court made the following:

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COMMON ORDER:

¶118

Writ Petition No.30151 of 2018 is filed under Article 226 of Constitution

¶119

of India with the following prayer for:

¶120

“.... a Writ of Mandamus, declaring that the resolution of the Managing Committee of the Respondent No. 2 society in their meeting held on 12.07.2017 deciding not to enhance the age of superannuation of the employees of the APSTEP and STEP^from

¶121

^ V -

¶122

¶123

(58) to (60) years as enhanced by Government in the case of Government employees is illegal, arbitrary, discriminatory, and violation of the Articles No. 14, 16 and 21 of the Constitution of India and violation of the principles of Natural Justice and hence set aside the same and consequently direct the respondents to grant the benefit of enhanced age of superannuation of (60) years to the petitioner in compliance with the orders issued vide GO Ms No. 138 Finance (HR.IV-FR) Department Dated 08.08.2017 read with the orders dated 09.08.2017 of the Honourable Supreme Court in Civil Appeal No. 10273 of 2017 and Batch In the matter of A. Veerraju and others Vs. State of Andhra Pradesh and others and pass such other further order o orders as may be just in the interests of Law, Justice and Equity to avoid unwarranted damage , heavy and irreparable loss and injury to him.”

¶124

Writ Petition No.3465 of 2021 is filed under Article 226 of Constitution of

¶125

India with the following prayer for;

¶126

a Writ of Mandamus, declaring tfje action of Respondentsⁱⁿ not giving salary and allowances to the petitioner for a period of dated 01.10.2018 to 04.06.2020 i.e. 20 months 4 day after his continuation of Service by way of G.O.Ms.No.138 and direct the Respondent Authorities to pay the salary, allowances, pay fixation, enhancement of salary and other attendant benefits accrued thereon after continuation of the service of the petitioner for the superannuation age of 58 to 60 years. ”

¶127

Writ Petition No.3104 of 2021 is filed under Article 226 of Constitution of

¶128

India with the following prayer for:

¶129

a Writ of Mandamus, declaring the action of Respondents without giving salary and allowances to the petitioner for a period of dated 01.08.2018 to 04.06.2020 i.e. 22 months 4 days is highly Illegal, improper, unjust, arbitrary, against the principles of natural justice and in violation of Article 14, 21 and 300-A of the Constitution of India and consequently direct the Respondent authority to pay the salary, allowances, Pay fixation, enhancement of salary^andother attendant benefits accrued thereon after continuation of the service of the petitioner for the superannuation age of 58 to 60 years. ”

¶130

Heard Sri Srinivasa Rao Narra, learned counsel for the Petitioners, learned Government Pleader for Tourism and Sri Gangula^Ashok Kumar Reddy, learned Standing Counsel for APSTEP.

¶131

¶132

¶133

Learned counsel for the Petitioners would submit that the Petitioners are the employees of A.P.Society for Training and Employment (APSTEP), which is a Society under Schedule-IX. Learned counsel would further submit that, when the Petitioners reached the age of 58 years, Government have taken step to enhance the age of superannuation from 58 years to 60 years w.e.f.02.06.2014 and issued G.O.Ms.No.138, dated 08.08.2017 accordingly. Whereas, the Managing Committee of APSTEP in their meeting on 12.07.2017 decided not to enhance the age of superannuation of the employees of APSTEP on par with the.Government employees. Learned counsel would submit that. Civil Appeals were preferred before the Hon’ble Supreme Court in Civil Appeal Nos. 10273 of 2017 and Batch, wherein it was held that all the employees are entitled to the protection of their service up to 60 years and to all consequential benefits. Learned counsel would further submit that. Respondent No.3-Society is falling under^Schedule IX. It is submitted that a memo has been filed by Respondent No.3 along with G.O.Ms.No.25, Youth Advancement Tourism & Culture (Sports & YS) Department, dated 29.11.2017, wherein, the Government have decided to t' / .■ extend the benefit of enhancement of the age of superannuation^from58 years to 60 years to the employees of Sports Authority^{ofAndhraPradesh} working in the state of Andhra Pradesh and permitting to reinstate the employees, who retired on completion of 58 years for^theirleft over service up to 60 years by duly amending the Service Rules, but subject to a condition to

¶134

¶135

place the matter before the next Managing Committee Meeting for taking steps for circulation of the Order.

¶136

Learned Assistant Government Pleader for Tourism representing Respondent No.1 and the learned Standing Counsel for APSTEP would submit that the Court may pass appropriate orders, in the light of G.O.Ms.No.25. 5. The fact remains is that, in the light of G.O.Ms.No.138, dated 08.08.2017 coupled with the judgment of the Hon’ble Apex Court referred to supra, and G.O.Ms.No.25, which is exclusively meant for the Society, which is the employer of the Petitioners, passing of resolution by the Managing Committee may be a formality.

¶137

Considering the above submissions, the Writ Petitions are allowed and the Petitioners are entitled for superannuation till 60 years with all consequential benefits. There shall be no order as to costs.

¶138

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

¶139

Sd/- G HELA NAIDU ASSIST REGISTRAR //TRUE COPY// SECtfOtJ OFFICER

¶140

To,

¶141

1 ThP 9npcial Chief Secretary, Government of A.P., Youth Ad^ncement Tourism and Culture Department, State Andhra Pradesh, Secretaria Buildings, Velagapudi, Guntur-522 503. Andhra Pradesh.

¶142

9 ThP Manaoino Director A.P. Society for Training and^Ennployment (APSTEP)Pradesh DoorA whollyNo. 39-2-19-A/12,owned undertaking APSEBofCity the CentreGovernmentColonyof AndhraBeside MVR Mall Lane, Labbipeta, Vijayawada-520010. Krishna Dist.

¶143

The Chairman and Dist. Collector, Society for Tr^ning Empbyment Promotion, SWASAKTHI, A wholly owned ondertakmg of^Govt,of Andhra Pradesh , Collectorate, GUNTUR -522 004 (A.P.)

¶144

The Chief Executive Officer, Society for Training and Employment Promotion, SWASAKTHI, A wholly owned undertaking of^Govt,of Andhra Pradesh with its office at Collector Bunglow Road, Opp . R & B Guest House, GUNTUR -522 004 (A.P.).

¶145