A Rama Mohan Rao Vs The State of Andhra Pradesh and 4 others

The State of Andhra Pradesh, Rep by its Principal Secretary, Higher Education Department, Secretariat buildings, Velagapudi, Amaravati, Guntur District. ' -

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The Commissioner, State Board of Technical Education and Training, ANR towers, Prasadampadu, Krishna District.

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All India Council for Technical Education, (A Statutory Body of the Govt, of India) Indira Gandhi Sports Complex, I.P.Estate,^NewDelhi

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Bapatia Educational society, Mahatmajipuram, Bapatla-522102,^Guntur District, Andhra Pradesh, Rep by its Secretary and Correspondent.

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Bapatia Engineering College, Mahatmajipuram, Bapatla-522102,^Guntur District, Andhra Pradesh, Rep by its Principal.

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...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 issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, I. declaring the action of the respondents in contemplating to retire the petitioner on attaining 58 years of age, though the age of superannuation fixed under AlCTE Regulations as

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62 years, and 60 years as per amended section 78-A of the A.P.Education Act 1982 and AFRC guidelines, as illegal, irregular, arbitrary, discrimination, un-constitutional, and violative of fundamental rights guaranteed under Articles 14 and 16 of Constitution of India, and ii. consequently direct the Respondents 1 to 3 to direct the respondents 4 and 5 to continue the Petitioner in service as Librarian in 5th Respondent^Institution till he attain the age of superannuation i.e., 62 years of age if AlCTE regulations are applied, or upto 60 years as per Section 78-A of the A.P.Education Act 1982 and AFRC guidelines.

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lA NO: 1 OF 2019

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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 especiaiiy 4 & 5 Respondents to continue the Petitioner in service as Librarian until the age of 62 years in view of AlCTE Regulations and AFRC guidelines, pending disposal^{ofthemainWrit} Petition.

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Counsel for the Petitioner: SRI N BHARAT BABU

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Counsel for the Respondent Nos. 1 & 2: GP FOR HIGHER EDUCATION

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Counsel for the Respondent No.3: SRI K RAMAKANTH REDDY

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Counsel for the Respondent Nos. 4 & 5: --

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The Court made the following: ORDER

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1

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APHC010015202019

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

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[3396]

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MONDAY, THE THIRD DAY OF MARCH

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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

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WRIT PETITION NO: 667/2019

Between:

A Rama Mohan Rao

...PETITIONER

AND

The State Of Andhra Pradesh And 4 Others and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.N BHARAT BABU

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Counsel for the Respondent(S):

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1.KRAMAKANTH REDDY

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2.GP FOR HIGHER EDUCATION (AP)

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The Court made the following:

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2

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/

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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA

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WRIT PETITION NO: 667/2019

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ORDER:

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This Writ Petition is filed under Article 226 of Constitution of India with

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the following prayer for;

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...to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in contemplating to retire the petitioner on attaining 58 years of age, though the age of superannuation fixed under AlCTE Regulations as 62 years and 60 years as per amended section 78A of the A.P. Education Act 1982 and AFRC guidelines as illegal, irregular, arbitrary, discrimination. unconstitutional and viotative of fundamental rights guaranteed under Articles 14 and 16 of the Constitution of India and consequently direct the Respondents 1 to 3 to direct the respondents 4 and 5 to continue the Petitioner in service as Librarian in 5th Respondent Institution till he attains the age of superannuation i.e., 62 years of age if AlCTE regulations are applied or upto 60 years as per Section 78A of the A.P. Education Act, 1982 and AFRC guidelines Hi and pass.

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Higher Education for the respondent No.1. None represented for the other respondents.

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Learned counsel for the petitioner would submit that by virtue of the interim orders of this Court dated 29.01.2019 the petitioner was continued in service till he reached the age of 60 years and he has superannuated now. Learned counsel would further submit that it is a covered matter vide order dated 13.09.2019 in W.P.Nos. 6916 and 7266 of 2019 which is preferred by the colleagues of the petitioner. Learned counsel would further submit that the

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said writ petitions are allowed and the intimation letters dated 01.06.2019 are set aside. Learned counsel would further submit that in the light of the same, no further orders are required in this matter.

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Learned Assistant Government Pleader for Higher Education for the respondent No.1 would submit the petition may be disposed of recording the

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same.

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Considering the submissions made as the individual retired after reaching the age of 60 years, no further orders are required in this matter. In this light, the Writ Petition is disposed of. No costs.

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