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2008 Supreme(AP) 554

V.V.S.RAO, G.YETHIRAJULU, C.V.RAMULU
K. Veera Chary – Appellant
Versus
Hon'ble High Court of Andhra Pradesh, rep. by Registrar Vigilance, Hyderabad – Respondent


Advocates Appeared:
M/s. G.Vidyasagar and A.K. Jayaprakash Rao, Council for the Petitioners.
G.P. for Law & Legislative Affairs and Mr. P.V. Sanjay Kumar, S.C. for APHC for the Respondents.

ORDER (Per V.V.S. Rao, J.)

Introduction

Petitioners are Judicial Officers in the rank of District Judge Grade-II. They are governed by Andhra Pradesh State Higher Judicial Service Rules, 1958 (Higher Judicial Rules, for brevity). Both of them were initially appointed as District Munsiffs (redesignated as Junior Civil Judges), to State Judicial Service regulated by Andhra Pradesh State Judicial Service Rules, 1962 (Judicial Rules, for brevity). They were promoted as Senior Civil Judges, and later they were appointed by transfer as District Judges Grade-II to Higher Judicial Service. Government of Andhra Pradesh acting on the recommendation of High Court of Andhra Pradesh issued G.O.Ms.No.87, dated 28.07.2007, and G.O.Ms.No.32, dated 07.04.2007, compulsorily retiring them with effect from last day of the month in which orders were passed. As these orders were issued in purported exercise of powers under first proviso or second proviso to subsection (1A) of Section 3 of Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (Parent Act, for brevity), as amended by A.P.Act No.42 of 2006, petitioners while impugning Government Orders also challenge first and seco





































































































































































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