IMPORTANT POINT
The court emphasized that the applicability of government orders with retrospective effect and the re-appointment of superannuated individuals are within the executive domain and cannot be directed by the court through a writ of mandamus.

ORDER

Gannamaneni Ramakrishna Prasad, J. - Heard Sri C.V. Mohan Reddy, learned Senior Counsel, assisted by Sri V.R.N. Prasanth, learned Counsel for the Writ Petitioners; Sri K.V. Raghuveer, learned Government Pleader for Higher Education, assisted by Sri C.B. Adarsh Kumar, learned Assistant Government Pleader for Higher Education-Respondent No.3; Sri Butta Vijaya Bhaskar, learned Standing Counsel for S.V.U-Respondent No.5; Sri M. Koteswara Rao, learned Standing Counsel for Dravidian University - Respondent No.7; Smt. M. Manikya Veena, learned Standing Counsel for SPMVV -Respondent No.8; Sri Kari Basaiah, learned Standing Counsel for S.K University - Respondent No.9; Sri M. Murali Lincoln, learned Standing Counsel for A.N.U - Respondent No.10; Sri Penjuri Venugopal, learned Standing Counsel for JNTU -Respondent No.11; Sri T. Niranjan, learned Standing Counsel for Y.V.U - Respondent No.12.

2. Prayer made in the Writ Petition is as under:-

'For the reasons stated in the accompanying affidavit, the Hon'ble High Court may be pleased to issue a writ, direction or order or orders, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not extending the benefits of G.O.Ms.No.39 Higher Education (UE) dated 29.07.2023 as illegal, arbitrary and violative of Article 14 of the Constitution of India and consequently direct the 5th respondent to reinstate the Petitioners similarly placed petitioners to those retired from service on or after 01.01.2022 with all consequential benefits including the monetary benefits and pass such other order or orders as are deem fit and proper in the circumstances of the case. '

SUBMISSIONS OF LEARNED COUNSEL FOR THE WRIT PETITIONERS:

3. Sri C.V. Mohan Reddy, learned Senior Counsel has submitted that the issue of enhancement of age of superannuation for teaching faculty in the centrally funded universities from 62 to 65 years has been considered by the Ministry of Human Resource Development (the HRD Ministry), Department of Higher Education. In that sequel, the HRD Ministry has addressed a letter to the University Grants Commission (the UGC) on 23.03.2007 (Ex.P.2). The said letter stipulates that all the persons who are holding teaching posts on regular employment against the sanctioned posts as on 15.03.2007 in the centrally funded institutions in higher and technical education shall be superannuated on completion of 65 years of age. This means, that the age of superannuation of all persons who are holding teaching posts on regular employment has been enhanced from 62 to 65 years. On or about 31.12.2008, the HRD Ministry, Department of Higher Education has also conveyed its decision to revise the pay scales of the teachers in the Central Universities. This was conveyed by the HRD Ministry to the UGC.

4. The cardinal purpose for enhancement of age of superannuation from 62 to 65 years is to mitigate the shortage of teachers in Universities and other teaching institutions and also to utilise the valuable human resource of teaching which is enriched by their long experience in their respective subjects.5. He would further submit that keeping in tune with these trends namely the recommendation for enhancement of age of superannuation by the HRD Ministry, Department of Higher Education, as implemented through the UGC, the Andhra Pradesh State Council of Higher Education - Respondent No.4 herein, has also recommended to the Respondent No.3 namely the Higher Education Department, Government of Andhra Pradesh to enhance the age of superannuation from 60 to 62 years vide APSCHE Lr.No.APSCHE/UM-777/AP.UGCRPS-Superannuation -2nd Coomt/2014, dated 18.07.2014. The Government of Andhra Pradesh through Higher Education Department issued G.O.Ms.No.59 Higher Education (UE) Department dated 24.12.2014 (Ex.P.6) thereby enhancing the age of superannuation of regular University teachers in the State from 60 to 62 years with effect from 02.06.2014.

6. It is further submitted by the learned Sen