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D. V. S. S. SOMAYAJULU, PRASHANT KUMAR MISHRA
K. Sudhamani, W/o. K. Seshagiri Rao – Appellant
Versus
Hon’ble High Court of Andhra Pradesh, Rep. by its Registrar (Vigilance) – Respondent
ORDER :
Prashant Kumar Mishra, J.
Petitioner is a Judicial Officer having retired as I Additional District Judge, Vizianagaram, Vizianagaram District. She has preferred this writ petition challenging the order ROC No.598/2021-B. Special dated 04.05.2022, informing her that she would be attaining the age of superannuation of 60 years as on 31.05.2022, based on G.O.Rt.No.228, Law (L.A & J – SC.F) Department dated 16.08.2021, through which a list of District and Sessions Judges, Senior Civil Judges and Junior Civil Judges, who would be retiring in the calendar year 2022 on attaining the age of superannuation of 60 years, was published.
2. Petitioner joined service as Junior Civil Judge on 01.06.1995; promoted as Senior Civil Judge in February 2008 and thereafter as District and Sessions Judge in March 2016. Undisputedly, her service is governed by Andhra Pradesh State Judicial Service Rules, 2007 (“Rules 2007” for brevity), which were issued vide G.O.Ms.No.119 Law (L.A & J – SC.F) Department dated 02.08.2008; however, they came into force with effect from 01.01.2007. These Rules were framed by the Governor of Andhra Pradesh in consultation with the High Court of Andhra Pradesh under Arti
The central legal point established in the judgment is the applicability of G.O.Ms.No.15, dtd. 31/1/2022, which enhanced the age of superannuation of Government Employees from 60 years to 62 years, t....
The enhancement of the age of superannuation requires governmental approval and is a matter of policy.
Article 229 gives primacy to Chief Justice in matter of appointment of officers and servants of High Courts.
The determination of superannuation age is a policy decision of the government, requiring its approval for amendments, and courts cannot intervene without legal authority.
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