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2016 Supreme(AP) 109

R.KANTHA RAO
G. Eswara Reddy – Appellant
Versus
State of A. P. , Rep. by its Prl. Secretary, Revenue (Endowments-IV) Dept. , Secretariat Bldgs – Respondent


Advocates Appeared:
For the Petitioners:W.B. Srinivas, PVSSS Rama Rao, Advocates.
For the Respondents:P. Giri Krishnna, VSK Rama Rao, Govt. Pleader for Endowments, A. Srikanth Reddy, K. Lalitha, V. Venu Gopal Rao, Advocates, VTM Prasad, Standing Counsel.

JUDGMENT :

1. The petitioners, who are the employees of the religious institutions of 8 temples specified in Rule 36 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Office Holders and Servants Service Rules, 2000 (hereinafter referred to as “the Rules”) were directed to retire at the age of 58 years by various proceedings mentioned in the respective writ petitions. Challenging the said action, they filed the present writ petitions seeking a Writ of mandamus to declare the impugned proceedings whereunder the petitioners were directed to retire from service at the age of 58 years as illegal, arbitrary, contrary to Rule 43 of the Rules issued in G.O.Ms.No.888, Revenue (Endowments-I) Department, dated 08-12-2000 and contrary to Act 4 of 2014 and consequently to declare that the petitioners are entitled to continue in service till the completion of 60 years of age in terms of The Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 4 of 2014) [the Superannuation Act, for short] and further direct the respondents to continue the petitioners in service till they complete the age of 60 years with all consequential benefits.

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