The Single Judge disposed of Writ Petition No.13634 of 2017 seeking enhancement of superannuation age from 58 to 60 years, adhering to the directive in W.P.No.18205 of 2014 and batch dated 07.03.2017.
Petition disposed of; petitioner directed to work out remedies if aggrieved. No order as to costs.
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HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13634 OF 2017
DATE: 18.04.2017
Between :
M.Yella Reddy S/o Nagi Reddy, Aged 58 years, Occu: Divisional Officer, O/o Oil Farm Officer Eluru, A.P.Cooperative Oil Seeds Growers Federation Ltd., Subramanyam Devi High School, RR Peta, Eluru, West Godavari District, A.P.
…. Petitioner And
The State of Andhra Pradesh, rep., by its Principal Secretary, Agriculture & Cooperative Department, Sachivalayam, Velagapudi, Amaravati, Guntur District & others.
…. Respondents
This court made the following :
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HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.13634 OF 2017
ORDER :
Learned counsel for the petitioner and learned counsel for the respondents submit that the subject matter of the Writ Petition is with regard to enhancement of the age of superannuation of the petitioner. The said issue of enhancement of age of superannuation in public sector undertakings in the State of Andhra Pradesh was considered in W.P.No.18205 of 2014 and batch, dated 07.03.2017. The operative portion of the said judgment reads as under:
“… The earlier G.Os. were issued by the Government of A.P. without these legal entities amending its Rules/ Regulations/Byelaws, governing the age of superannuation and without the prior approval of the sole/majority shareholder i.e., the State Government as required under the Articles of Association/byelaws of these legal entities. As the Rules and Regulations, by which the petitioners are governed, stipulate 58 years as the age of retirement, these employees cannot claim any right to continue in service till they attain the age of 60 years. It is only if the request of these Companies/Corporations/ Societies, for amendment of its byelaws/rules and regulations, are approved by the State Government, and the rules/byelaws/regulations are amended thereafter in accordance with law, would their employees then be governed by the enhanced age of superannuation prescribed under the Rules/byelaws.
Since the Board of Directors/Managing Committees of these wholly or substantially Government owned Companies/Corporations/Societies have submitted proposals, the State Government is obligated to consider the request of each of these Corporations/Companies/ Societies separately, based on their financial position, genuineness of their need to enhance the age of superannuation etc., and then take a decision whether or not their request, to enhance the age of superannuation of
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their employees from 58 to 60 years, should be approved. Suffice it, if the Government of A.P. is directed to consider the proposals submitted by each of these Corporations/ Societies/Companies, for enhancement of the age of superannuation from 58 to 60 years in accordance with law, and take a decision thereupon at the earliest, in any event not later than four months from the date of receipt of a copy of this order. …”
Miscellaneous petitions, if any, pending in this writ petition
shall stand closed. There shall be no order as to costs.
__________________________ JUSTICE P.NAVEEN RAO Date: 18.04.2017 Kkm
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HON’BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.13634 OF 2017
DATE: 18.04.2017
kkm
1 issue framed by the court
Whether to dispose of the writ petition seeking enhancement of the age of superannuation as established in a related batch judgment.
Colour shows how this judgement treated each authority
Batch dated 07.03.2017Followed¶13
W.P.No.18205 of 2014 and batch
M.Yella Reddy
The State of Andhra Pradesh
P Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
