IMPORTANT POINT
The court established that employees of public sector undertakings do not automatically benefit from government amendments to superannuation age unless their governing regulations are amended accordingly.

ORDER :

Since the issue involved in all these writ petitions is the same, all these writ petitions are disposed of by way of this common order.

2. Petitioners, employees of the Andhra Pradesh State Warehousing Corporation, filed these writ petitions, impugning the memos issued by the respective Warehouse Managers/officers intimating the date of superannuation on completion of 60 years, without extending the benefit of the age of superannuation up to 62 years, in pursuance of, the resolution passed by the Board of Directors in 208th Meeting of the Board of Directors held on 14.03.2022 and withdrawal of earlier resolution in 216th Meeting of the Board of Directors held on 29.12.2023, as illegal and arbitrary.

3. a) The averments, in brief, are that the Andhra Pradesh State Warehousing Corporation (for short “the Corporation”), was established in terms of the Warehousing Corporation Act, 1962 for the purpose of warehousing of agricultural produce and certain other commodities. Post bifurcation of the State of Andhra Pradesh, the Corporation was listed as Government Welfare Organization in Entry No.3 in Schedule-IX of the Andhra Pradesh Reorganization Act, 2014 with 50% State Government and 50% Central Government share. The employees of 2nd respondent are the persons appointed to the posts, in connection with the affairs of the State. The Government of Andhra Pradesh promulgated an ordinance dated 31.01.2022 by amending the provision of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984. By virtue of said amendment, age of superannuation to Government employees was enhanced from 60 years to 62 years with effect from 01.01.2022. The Government also extended the benefit to the Aided Private Educational institutions under G.O.Ms.No.52 dated 12.06.2023.

b) Petitioners’ association appealed to 2nd respondent-Corporation to extend the said benefit to the employees of the Corporation. The 208th meeting of the Board of Directors held on 14.03.2022, it was resolved to adopt G.O.Ms.No.15 Finance (HR.IV-FR&LR) Department dated 31.01.2022.

c) Be that as it may, the 3rd respondent issued Circular Memo.No.1813129/FIN01-HR/212/2022-HR-IV dated 23.09.2022 not to give effect to provisions of the amended Act 2 of 2022, without assigning valid or substantive reasons. Thereafter, in 216th Meeting of the Board of Directors held on 29.12.2023, at Item No.13, the Board has resolved to withdraw its previous resolution adopting G.O.Ms.No.15, held in its 208th Board of Directors Meeting held on 14.03.2022.

d) Earlier when the Government extended age of superannuation of employees from 58 to 60, the same was not extended to employees of different corporations. Writ petitions were filed and Division Bench of composite high Court disposed of the same by a common order dated 07-3-2017 G.Rama Mohan Rao and another Vs Government of Andhra Pradesh. Thereafter G.O.Ms.No.102 dated 27.06.2017 was issued enhancing the age of superannuation to the employees of different Corporations in Schedule IX and X of A.P.Reorganisation Act. Later one of G.O., vide G.O.Ms.No.138 Finance (HR.IV-FR) Department dated 08.08.2017 was issued.

e) Despite amendment to the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, in the year 2022, the benefit of enhancement of age of superannuation is not extended to the employees of the petitioner’s Corporation. The petitioners, after receipt of intimation regarding the date of superannuation, by different memos, made representations to consider their case in terms of the amended Act 4 of 2022, however, the same was not considered. Hence, the above writ petitions are filed.

4. Counter affidavits were filed on behalf of the Corporation. It was contended, interalia, that the determination of the age of superannuation is a policy decision. The Corporation has its service Regulations viz., APSWC Employees Regulations 1962 made under Sec 42(1) of the Warehousing Corporation Act, 1962. The age