Therefore the petitioner, being principal of the 3rd respondentcollege, has to retire from service on attaining the age of superannuation i.e., 58 years on 31.08.2014, in terms of section 78-A of the Act. While the matter stood thus, the Government of Andhra Pradesh amended the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (for short, ‘the Act of 1984’) vide Act 4 of 2014. According to Section 3 of the Act of 1984, the word ’sixty years’ is substituted in the place of ‘fifty eight years’. Therefore, the amendment is deemed to have came into force with effect from 02.06.2014 and in pursuance of Section 3 of Act 23 of 1984, the petitioner is entitled to continue in service till he attains the age of 60 years but non-implementation of Section 3 of Act 23 of 1984 by the respondents 1 and 2 in 3rd respondent-college, the petitioner is due to retire from service on the last day of the month in which he attains the age of 58 years. Subsequently, the governing body of the 3rd respondent-college unanimously resolved to extend the superannuation age of the petitioner up to 31.08.2016, instead of 31.08.2014, vide their resolution dated 18.07.2014 and addressed a letter dated 28.07.2014 to the 2nd respondent to accord permission for their resolution to continue the petitioner in service till he attains the age of 60 years i.e., up to 31.08.2016 in terms of Section 78-A of the Act read with Section 3 of the Act 23 of 1984 but it was not considered till date. Thus, non-implementation of Section 3 of Act 23 of 1984 to the 3rd respondent-college, causing retirement of the petitioner from service on the last day of the month in which he attained the age of 58 years is illegal and arbitrary and, hence, prayed to allow the writ petition.
