The central legal point established in the judgment is the interpretation of the Model Service Regulations and the applicability of G.O.Ms.No.15, dtd. 31/1/2022, to the Writ Petitioner's case, based on her employment by the District Rural Development Agency and subsequent control by the Society for Elimination of Rural Poverty.

JUDGMENT

G.RAMAKRISHNA PRASAD, J. - Heard Smt. P. Vijaya Kumari, Learned Counsel for the Writ Petitioner and Sri Harish Kumar Rasineni, Learned Standing Counsel for SERP (Society for Elimination of Rural Poverty).

2. The prayer sought in the present Writ Petition is as under:

"It is prayed that this Hon'ble Court may be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not extending the age of superannuation of the petitioner from 60 years to 62 years in terms of G.O.Ms.No.15, dtd. 31/1/2022 while extending the age to the similarly situated persons as illegal, arbitrary and unjust, discriminatory and consequently direct the respondents to continue the petitioner in service until she attains the age of superannuation of 62 years on par with the government employees in terms of G.O.Ms.No.15, dtd. 31/1/2022 with all consequential benefits and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

FACTS IN BRIEF:

3. It is the case of the Writ Petitioner that she is presently working as Senior Assistant in the Office of the Project Director, District Rural Development Agency (DRDA), Vizianagaram (Respondent No.3); that initially the Writ Petitioner was selected by the District Selection Committee as Additional Grama Sevika and that she was subsequently promoted as Extension Officer/Junior Assistant vide G.O.Ms.No.384, dtd. 10/1/2004; that thereafter, she was promoted as Senior Assistant under Rule 10(a)(i) of Andhra Pradesh State and Subordinate Service Rules; that thereafter, the Writ Petitioner served as Area Coordinator (equivalent to Senior Assistant Cadre) and the pay of the Petitioner was fixed under Fundamental Rule 22(a)(1); that her Pay Scale was revised vide Proceedings bearing Rc.No.31/2022/C, dtd. 18/2/2022 in the light of the recommendations of the PRC-2022.

4. The case of the Writ Petitioner is that the Government of Andhra Pradesh has issued G.O.Ms.No.135, dtd. 8/3/1991 called the Model Service Regulations. Para No.12 of the said Regulation reads as under:

"12. AGE OF SUPERANNUATION:-

The employees of Agency shall retire on attaining the age of Superannuation. The age of Superannuation and the date of retirement from the service of the Agency shall be as per the provisions applicable to the Government employees of similar categories from time to time."

5. A copy of the Model Service Regulation has also been placed on record along with the Counter Affidavit. Para No.21 of the Model Service Regulation reads as under:

"21. APPLICABILITY OF OTHER RULES OF THE STATE GOVERNMENT:

Except to the extent specifically provided in these rules, the rules and the instructions of Government issued from to time to the Government Servants contained in the following rules shall apply to the employees of the Agency shown against each in respect of their conditions of service:

6. It is further submitted that the Government of Andhra Pradesh has brought out G.O.Ms.No.147, dtd. 30/6/2014 pertaining to the extension of age of superannuation from 58 to 60 years and that the same was implemented in favour of the Employees of DRDA in the year 2018.

7. It is the submission of Learned Counsel for the Writ Petitioner that the Government of Andhra Pradesh has brought out G.O.Ms.No.15, dtd. 31/1/2022 through which the age of superannuation of the Government Employees was extended from 60 years to 62 years. The Writ Petitioner, who is likely to complete the age of 60 years by 31/12/2023, is now seeking application of G.O.Ms.No.15, dtd. 31/1/2022 in her favour and, consequently extend the age of her superannuation from 60 to 62 years. It is also submitted that some other Employees approached this Court by filing W.P.Nos.19030 of 2023, 8621 of 2023 and 8535 of 2023 and had obtained Interim Orders to continue in service until they reach the age of 62 years on par with other Government Employees. It is f