M. R. K. Polytechnic vs J. J. S Prasad

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(AP) 1208

RAVI NATH TILHARI, DUPPALA VENKATA RAMANA
M. R. K. Polytechnic – Appellant
Versus
J. J. S Prasad – Respondent

Advocates appeared:
P.Durga Prasad, Advocate, Gangaiah Naidu, Advocate, N.Bharat Babu, Advocate

JUDGMENT

RAVI NATH TILHARI, J. - Heard Sri P. Durga Prasad, learned counsel for the appellant and Sri Gangaiah Naidu, learned Senior Advocate through virtual mode, assisted by Sri N. Bharat Babu, learned counsel for the respondent Nos.1 and 2, the writ petitioners in physical mode.

2. This Writ Appeal has been filed challenging the judgment/order dtd. 19/7/2022 passed by the learned Single Judge in W.P.No.19447 of 2016.

3. The 1st writ petitioner was working as Lecturer in Physics and the 2nd writ petitioner was working as Senior Instructor in M.R.K. Polytechnic, the appellant herein, the respondent No.4 in the writ petition. They were served with notice of retirement on attaining the age of 58 years in the year 2016, challenging the same the writ petition was filed, inter alia on the ground that the writ petitioners were entitled to continue upto 65 years as per All India Council for Technical Edcuation (in short, AICTE) Regulations. Alternatively, it was also pleaded that writ petitioners would be entitled to continue upto 60 years as per A. P. Education Act 1982 and Act 1 of 2015, which amended Sec. 78-A of the A. P. Education Act, 1982, to enhance the retirement age from 58 year

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