2017 Supreme(AP) 249
IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
Ramesh Ranganathan, Shameem Akther, JJ.
Rani - Appellant
Vs.
Prl. Secy., Higher Education Dept. and Ors. - Respondent
Writ Petition Nos. 35935, 41331, 41370, 43178, 44296, 44468 of 2016 and 3140 of 2017
Decided On : 04-04-2017
Headnote:
Constitution of India – Articles 226, 309, 371-D, 12, 14 and 311 - Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014 - Section 2(6)(i) to (iv) - clauses (i) to (iv) of Section 1 r/w Section 2(6) - Central Act - Section 68, 82, Section 77(1) Section 3, 3(4) and 3(5) - Petitions who are all non-teaching staff working have invoked the jurisdiction of this Court - Petitioner was appointed as a Junior Assistant and her services were regularised in the said cadre - She claims that she is entitled to be continued in the University till she attains the age as per the instructions issued by the Principal Secretary to the Government Higher Education Department in his letter - She is aggrieved by the office order issued by the Registrar of the University fixing the date of her retirement from service - Reliance is placed by her on the Andhra Pradesh Public Employment - Appearing on behalf of the Learned Advocate-General for the State of Andhra Pradesh that the petitioners are all members of the non-teaching staff of the University; in these Writ Petitions they seek enhancement of the age of superannuation years and as the University is a body created under and is one of the entities listed in the Tenth Schedule – Held, Legal entity in terms of Section thereof - As has been detailed hereinabove the Division bench, inheld that employees of public sector undertakings and statutory bodies which are independent legal are not government servants and do not fall within the ambit of the Act as amended earlier exercise of ratification - Council of the University cannot therefore be relied upon by the petitioners to claim that they should also be continued in service till they attain 60 years of age. We, however, make it clear that it is for the Executive Council of the University to take an appropriate decision regarding the age of superannuation of its non-teaching staff after obtaining approval of the Government of A.P. in this regard - We may not be understood to have expressed any opinion on what the age of superannuation, for the teaching staff of the Universities should be - All that we have held is that the non-teaching staff of the University cannot compare themselves with the teaching staff of the University, with regards the age of superannuation as the classification of teaching and non-teaching staff is a valid classification, and these distinct and different categories constitute two separate classes - plea of discrimination with regard to the age of superannuation of these two categories - Petitions are accordingly disposed.
Ramesh Ranganathan, J.
1. In these batch of Writ Petitions the petitioners, who are all non-teaching staff working in the Sri Padmavathi Mahila Viswavidyalayam, Tirupati ("University" for short), have invoked the jurisdiction of this Court, under Article 226 of the Constitution of India, questioning the action of the respondents in not continuing them in service till they attain the age of 60 years.
2. It would suffice, for the disposal of these Writ Petitions, if the facts in W.P. No. 41370 of 2016 are noted. The petitioner was appointed as a Junior Assistant on 11.01.1994, and her services were regularised in the said cadre. She claims that she is entitled to be continued in the University till she attains the age of 60 years i.e., upto 31.01.2019 as per the instructions issued by the Principal Secretary to the Government, Higher Education Department in his letter dated 23.12.2014, and in terms of the orders passed by this Court in W.A. No. 974 of 2016 dated 27.09.2016. She is aggrieved by the office order issued by the Registrar of the University dated 07.11.2016 fixing the date of her retirement from service as 31.01.2017. Reliance is placed by her on the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014 (the "2014 State Act" for short) following which G.O. Ms. No. 147 dated 30.06.2014 was issued stipulating that the provisions of the 2014 State Act were applicable only to the categories mentioned in Section 2(6)(i) to (iv) of the said Act.
3. It is contended by the Learned Special Government Pleader, appearing on behalf of the Learned Advocate-General for the State of Andhra Pradesh, that the petitioners are all members of the non-teaching staff of the University; in these Writ Petitions they seek enhancement of the age of superannuation from 58 to 60 years; and as the University is a body created under the 1983 Act, and is one of the entities listed in the Tenth Schedule to the A.P. Reorganisation Act, 2014 (the "2014 Central Act" for short), the subject matter of these writ petitions is covered by the order of the Division Bench of this Court in G. Ramamohan Rao v. The Government of A.P..
4. It is contended on behalf of the petitioners that the subject matter of these Writ Petitions is not covered by the Division Bench judgment in G. Ramamohan Rao1; on the other hand, the order passed by the Division Bench in W.A. No. 974 of 2016 dated 27.09.2016 is applicable; the letter addressed by the Principal Secretary to the Government, Higher Education Department dated 23.12.2014 clearly shows that the 2014 State Act is applicable to employees of the University also; the Executive Council of the University, in its meeting held on 28.03.2015, ratified the action of the University in re-instating retired non-teaching staff, who had crossed 58 years, but had not completed 60 years of age; this decision of the University authorities should be applied uniformly to all employees, including the non-teaching staff of the University; G.O. Ms. No. 147 dated 30.06.2014, making the 2014 State Act applicable, is binding on the respondents; the Principal Secretary to the Government, Higher Education Department had informed the Registrars of Universities, vide letter dated 23.12.2014, that the service conditions of non-teaching staff are governed by a law made under Article 309 of the Constitution of India, and employees of the University were entitled to continue in service, till they attained 60 years of age, under the provisions of the 2014 State Act; the said letter of the Principal Secretary to the Government was based on the recommendations of the Andhra Pradesh State Council for Higher Education; in respect of a few employees, the directions of the Principal Secretary to the Government was implemented, and they were continued in service till they attained 60 years of age; having issued the earlier letter dated 23.12.2014, it was not open to the Principal Secretary to the Government to change