Back
SUPREME COURT OF INDIA
KURIAN JOSEPH, R. BANUMATHI, JJ.
A. Veerraju & Ors. - Appellants
Versus
State of Andhra Pradesh & Ors. - Respondents
Civil Appeal No.10273 of 2017 (@ Special Leave Petition (C) No.13623 of 2017) With C.A. No.10278 of 2017 @ SLP(C) No.14101 of 2017, C.A. Nos.10274-10275 of 2017 @ SLP(C) Nos.13707-13708 of 2017, C.A. No.10281 of 2017 @ SLP(C) No.14359 of 2017, C.A. Nos.10276-10277 of 2017 @ SLP(C) No.14033-14034 of 2017, C.A. No.10280 of 2017 @ SLP(C) No.14237 of 2017, C.A. No.10282 of 2017 @ SLP(C) No.14469 of 2017, C.A. No.10279 of 2017 @ SLP(C) No.14184 of 2017, C.A. No.10328 of 2017 @ SLP(C) No.15456 of 2017, C.A. No.10320 of 2017 @ SLP(C) No.15096 of 2017, C.A. No.10285 of 2017 @ SLP(C) No.14681 of 2017, C.A. Nos.10318-10319 of 2017 @ SLP(C) Nos.15088-15089 of 2017, C.A. No.10323 of 2017 @ SLP(C) No.15113 of 2017, C.A. Nos.10286-10293 of 2017 @ SLP(C) No.14684-14691 of 2017, C.A. No.10294-10297 of 2017 @ SLP(C) Nos.14699-14702 of 2017, C.A. No.10283-10284 of 2017 @ SLP(C) Nos.14515-14516 of 2017, C.A. No.10325-10326 of 2017 @ SLP(C) Nos.15270-15271 of 2017, C.A. No.10299-10302 of 2017 @ SLP(C) Nos.15057-15060 of 2017, C.A. No.10313-10317 of 2017 @ SLP(C) Nos.15081-15085 of 2017, C.A. No.10330 of 2017 @ SLP(C) No.15482 of 2017, C.A. No.10321 of 2017 @ SLP(C) No.15097 of 2017, C.A. No.10298 of 2017 @ SLP(C) No.15046 of 2017, C.A. No.10303-10311 of 2017 @ SLP(C) NO.15067-15075 of 2017, C.A. No.10322 of 2017 @ SLP(C) No.15102 of 2017, C.A. No.10332 of 2017 @ SLP(C) No.15657 of 2017, C.A. No.10312 of 2017 @ SLP(C) No.15079 of 2017, C.A. No.10331 of 2017 @ SLP(C) No.15485 of 2017, C.A. No.10329 of 2017 @ SLP(C) No.15480 of 2017, C.A. No.10324 of 2017 @ SLP(C) No.15129 of 2017, C.A. No.10335 of 2017 @ SLP(C) No.15682 of 2017, C.A. No.10350 of 2017 @ SLP(C) No.19896 of 2017, C.A. No.10333 of 2017 @ SLP(C) No.15667 of 2017, C.A. No.10334 of 2017 @ SLP(C) No.15668 of 2017, C.A. No.10327 of 2017 @ SLP(C) No.15375 of 2017, C.A. No.10342 of 2017 @ SLP(C) No.19878 of 2017, C.A. No.10343 of 2017 @ SLP(C) No.19879 of 2017, C.A. No.10344 of 2017 @ SLP(C) No.19881 of 2017, C.A. No.10345 of 2017 @ SLP(C) No.19882 of 2017, C.A. No.10346 of 2017 @ SLP(C) No.19884 of 2017, C.A. No.10347 of 2017 @ SLP(C) No.19885 of 2017, C.A. No.10348 of 2017 @ SLP(C) No.19887 of 2017, C.A. No.10351-10353 of 2017 @ SLP(C) No.19920-19922 of 2017, C.A. No.10349 of 2017 @ SLP(C) No.19892 of 2017, C.A. No.10336-10337 of 2017 @ SLP(C) Nos.15815-15816 of 2017, C.A. No.10338-10340 of 2017 @ SLP(C) Nos.15883-15885 of 2017, C.A. No.10341 of 2017 @ SLP(C) No.16098 of 2017, C.A. No.10354-10361 of 2017 @ SLP(C) No.20229-20236 of 2017 @ Diary No.22597 of 2017, C.A. No.10366 of 2017 @ SLP(C) No.19839 of 2017, C.A. No.10369 of 2017 @ SLP(C) No.20268 of 2017 @ Diary No.22418 of 2017, C.A. Nos.10367-10368 of 2017 @ SLP(C) Nos.20262-20263 of 2017 @ Diary No.23158 of 2017, C.A. No.10370 of 2017 @ SLP(C) No.20270 of 2017 @ Diary No.23699 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.22719 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.23413 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.23403 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.23702 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.22083 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.22777 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.16514 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.19914 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.16216 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.19908 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.23407 of 2017, C.A. No................@ SLP(C) No..................@ Diary No.23701 of 2017
Decided On : 09-08-2017
Government Order - Service Continuance - The court disposed of the appeals after the Government of Andhra Pradesh issued an order permitting employees to continue in service up to the age of 60 years, with retrospective effect from 2.6.2014.
Fact of the Case:
The appellants approached the Court with grievances regarding their continuance in service up to 60 years of age, as the Government had not granted approval for the recommendation.
Finding of the Court:
The Court found that the Government of Andhra Pradesh had issued an order permitting employees to continue in service up to the age of 60 years, with retrospective effect from 2.6.2014, and therefore disposed of the appeals.
Issues: The main issue was the continuance of employees in service up to 60 years of age, pending the Government's decision on the matter.
Ratio Decidendi: The Government Order dated 08.08.2017 permitting the employees to continue up to the age of 60 years with retrospective effect from 2.6.2014 influenced the court's decision to dispose of the appeals.
Final Decision: The appeals were disposed of, and all employees who had superannuated on account of attainment of age of 58 years on 02.06.2014 or thereafter were entitled to the protection of their service up to 60 years of age and consequential benefits.
JUDGMENT :
Kurian, J.
Diary Nos.22719/2017, 23413/2017, 23403/2017, 23702/2017, 22083/2017, 22777/2017, 16514/2017, 19914/2017, 16216/2017, 19908/2017, 23407/2017 & 23701/2017 are taken on Board.
2. Permission to file special leave petitions is granted.
3. Delay condoned.
4. Leave granted.
5. The appellants approached this Court with certain grievances regarding their continuance in service up to 60 years of age.
6. According to the Government Companies/Corporation/Societies where they have been working and which are included in the Schedules IX and X of the Andhra Pradesh Reorganization Act of 2014, since the Government had not granted approval to the recommendation for continuance up to 60 years of age, they would not be entitled to continue until and unless the Government takes a decision.
7. When the matters reached this Court, this Court in some cases had granted an interim order for continuance up to 60 years of age.
8. Be that as it may, learned counsel appearing for the State of Andhra Pradesh has today brought to our notice an order dated 08.08.2017 issued by the Government of Andhra Pradesh whereby such employees have been granted the benefit of continuance up to 60 years of age. It has been ordered that the "said order dated 8.8.2017 .... shall come into force with effect from 02.06.2014".
9. In that view of the matter, we do not think it necessary to retain these appeals in this Court any further. The stand of the Government is very clear. The Government Order dated 08.08.2017 permitting the employees to continue up to the age of 60 years has come into effect with effect from 2.6.2014. Therefore, all employees who have superannuated on account of attainment of age of 58 years on 02.06.2014 or thereafter are entitled to the protection of their service up to 60 years of age and naturally to all consequential benefits arising therefrom.
10. The appeals are, accordingly, disposed of.
11. Pending applications, if any, shall stand disposed of.
12. There shall be no orders as to costs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
