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D. V. S. S. SOMAYAJULU, DUPPALA VENKATA RAMANA
Chodavaram Co-operative Sugars Ltd – Appellant
Versus
Shaik Sharif S/o Shaik Anasar, Muslim – Respondent
JUDGMENT :
D.V.S.S.SOMAYAJULU, J
1. This Batch of Writ Appeals is filed against the final order dated 21.09.2022 passed in W.P.No.9311 of 2022 and batch by a learned single Judge of this Court. In all, there are 16 appeals which are taken up for hearing.
2. The issue in these writ petitions arises out of the amendment of the A.P. Public Employment Act, 1984 (for short “the Act 23 of 1984”) by which the age of retirement was increased to 60 to 62 years. Writ petitions are filed by the appellants who are Co-operative Sugar Factory employees.
3. The contention of Sri V.V.N.Narayana Rao, learned counsel for the appellants and G.P. for Service-I is that learned single Judge grossly erred in allowing the writ petitions. It is his contention that the Cooperative Sugar Factory is registered under the Cooperative Societies Act and none of the employees are working under the Government. They are not employees of the Government at all. It is also pointed out that in the counter it was brought to the notice of the learned single Judge that most of the sugar factories are running on heavy losses and are unable to pay even the full wages to their employees during the period of functioning of the sug
The Act's provisions, including the definition of public servants, financial capacity considerations, and government approval, must be adhered to when amending the age of retirement for employees.
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 amendment to superannuation age applies to the petitioners as they are covered under service regulations, ensuring parity with government employees.
The main legal point established in the judgment is that the A.P. Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 23 of 1984) applies only to specific categories of government ....
The main legal point established in the judgment is that unless a memo is adopted by the employer, an employee cannot claim as a matter of right to continue in service beyond the specified age of sup....
The age of superannuation is governed by the specific bylaws of an institution, dictated by policy decisions of the State government.
The determination of superannuation age is a policy decision of the government, requiring its approval for amendments, and courts cannot intervene without legal authority.
The enhancement of retirement age is a policy matter for the State Government and is not automatically applicable to all educational institutions under its governance without amendments to respective....
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