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.

2. The material facts pleaded by the petitioners in the writ petitions may be stated as follows:

(a) The 1st respondent issued the Rules through G.O.Ms.No.888, dated 08-12-2000, whereunder separate provisions were made applicable to certain temples (called special Eight Temples) special rules were framed which start from Rule 36 onwards, Rules 1 to 35 are general provisions, which apply to all the temples and there are special provisions for eight temples specified in Rule 36, which are applicable only to eight temples. The general provisions specified in Rules 1 to 35 except Rules 5 and 16 apply to eight temples specified in Rule 36, in addition to the special provisions from Rules 37 to 47.

(b) As per Rule 43(3) of the Rules, Fundamental Rule 56 as in force and amended from time to time, in addition to the other Fundamental Rules specified therein, shall apply to the employees of eight institutions. F.R. 56 is omitted and in its place, The Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 was enacted. As per Section 3(1) of the Superannuation Act, every government employee not being a workman and not belonging to Last Grade Service, shall retire from service on the afternoon of the last day of month in which he attains the age of 58 years. The Government of Andhra Pradesh has amended the said Act through Act 4 of 2014 which was published in the Government Gazette on 27-6-2014. As per the amended Act, the age of superannuation is raised from 58 to 60 years, in addition to other amendments to the main Act. The contention of the petitioners is that in view of the amendment to the Fundamental Rules, the Superannuation Act and Rule 43 of the Rules, they are entitled to continue in service till completion of the age of 60 years. Their version is that for employees of the eight institutions specified in Rule 36, the service conditions of the employees of these institutions are governed by the State Government Rules insofar as pay scales, allowances and age of retirement. Their grievance is that even though as per Rules they are entitled to continue in service in the respective temples till completion of the age of 60 years, the 3rd respondent-Devasthanam directed them to retire from service on completion of 58 years.

(c) The grievance of the petitioners is that the respondents 2 and 3 having observed that the Rules in G.O.Ms.No.888, dated 08-12-2000, hold the field and are applicable to the petitioners and inspite of the interim orders passed by this Court in W.P.No.9986 of 2015 and batch, observing that the special provisions under the Rules in G.O.Ms.No.888, dated 08-12-2000, apply to the special eight institutions and therefore, Fundamental Rules are applicable to the employees of the said eight institutions as per Rule 43 of