Single Bench disposed of multiple writ petitions concerning APSRTC employees' age of superannuation extension by analyzing a prior Division Bench judgment that deferred such decisions to the Corporation and Government.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN
AND
THE HON’BLE DR JUSTICE SHAMEEM AKTHER
Writ Petition Nos.1041, 1042, 1048,1417, 2127, 2210, 2277, 3651, 7674,
20345, 20474 and 20754 of 2016
COMMON ORDER: {Per the Hon’ble the Acting Chief Justice Ramesh Ranganathan}
While Sri P.Venugopal, learned counsel for the petitioners, would submit that the subject matter of these writ petitions is covered by the judgment of a Division Bench of this Court in W.P. No.18205 of 2014 and batch dated 07.03.2017, Sri P.Durga Prasad, learned Standing Counsel for the APSRTC, would submit that employees of the respondentCorporation are governed by statutory rules which prescribe the age of superannuation as 58 years; and, as long as these rules remain in force and are not amended, the petitioners cannot claim, as of right, that they should be continued in service till the age of 60 years.
As held by the Division Bench of this Court in W.P. No.18205 of 2014 and batch dated 07.03.2017, the questions whether the age of superannuation should be extended; and rules in this regard should be amended, are all matters which the Corporation should decide in consultation with the Government of A.P. We see no reason, therefore, to keep the writ petitions pending on the file of this Court. Suffice it to observe that, in terms of the Division Bench judgment of this Court in W.P. No.18205 of 2014 and batch dated 07.03.2017, the Government shall examine whether there is any need to revise the existing rules prescribing the age of superannuation of the employees of APSRTC; and, thereafter, take action, in consultation with the Board of Directors of the APSRTC, in accordance with law.
Following the judgment in W.P. No.18205 of 2014 and batch dated 07.03.2017, and in terms thereof, all these Writ Petitions are also
disposed of. Miscellaneous Petitions pending, if any, shall also stand disposed of. There shall be no order as to costs.
(RAMESH RANGANATHAN, ACJ)
(DR. SHAMEEM AKTHER, J)
03rd April, 2017 JSU
THE HON’BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN
AND
THE HON’BLE DR JUSTICE SHAMEEM AKTHER
Writ Petition Nos.1041, 1042, 1048,1417, 2127, 2210, 2277, 3651, 7674, 20345, 20474 and 20754 of 2016
Date: 03.04.2017
JSU
2 issues framed by the court
Whether writ petitions regarding extension of age of superannuation from 58 to 60 years can be decided when matters of rule amendment and consultation remain for the Corporation and Government.
Whether pending writ petitions should remain pending or be disposed of following a prior Division Bench judgment on the same subject matter.
Colour shows how this judgement treated each authority
Writ Petition No. 18205 of 2014Followed¶7
W.P. No.18205 of 2014 and batch dated 07.03.2017
1 provisions across 1 enactments
RAMESH RANGANATHAN
SHAMEEM AKTHER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
