The petitioner, a Sweeper working in the first respondent College sought for a Writ of Mandamus for declaring the action of the College in retiring the petitioner on 28.02.2009 on attaining the age of 58 years and not permitting him to work in the college up to the age of 60 years, as illegal and unjust and consequently to direct the respondents to continue the petitioner in service till he attains the age of 60 years. The petitioner was appointed as a Sweeper in the first respondent College, which is a private educational institution. He submits that his date of birth being 02.02.1951 and the age of superannuation for the last grade servants being 60 years, he is entitled to continue in the service till the end of February 2011, whereas, the respondents 1 & 2 sought to retire him from service on his attaining the age of 58 years. The case of the petitioner is that, in accordance with Section 3 of Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act 1984, every government employee, not being a workman, who belongs to the last grade shall be retired from service in the afternoon of the last day of the month in which he attains the age of 60 years. It