IMPORTANT POINT
Interim relief cannot be granted as final relief without compelling justification, especially when a resolution is pending government approval.

JUDGMENT :

(G. Narendar, J.)

Heard the learned counsel for the appellant and the learned counsel for the respondents.

2. The appellant is before this Court being aggrieved by the interim order granted by the learned Single Judge, whereby, the learned Single Judge has been pleased to suspend the proceedings impugned and direct reinstatement and continuation of the services of the respective writ petitioners in service till they attain the age of superannuation of 62 years without any break and with all consequential attendant benefits including regular pay and allowances.

3. The learned counsel for the appellant would take this Court through the Articles of association particularly Article 24, which reads as follows:

“24. The Chairman shall reserve for the decision of the Government any proposals or decisions of the board of directors or any matter brought before the board which raises, in the opinion of the Chairman, an Important issue and which is on that account fit to be reserved for the decision of the Government and no decision on such an important issue shall be taken till the Government gives its opinion on the issue.

4. Further, the learned counsel would take this Court through the relevant portions of Agenda Item:120 (6), which are as under:

7. On 27.06.2017 Govt. Of Andhra Pradesh has issued G.O.Ms.No. 102 of Finance (HR.IV-FR) Department, according in principle approval to enhance the age of superannuation age from 58 to 60 of employees working in the institutions listed in IX and X Schedule to the Re-organization Act, 2014 subject to the following conditions:

9. As per para no.5 of the G.O.No. 102, dated 27.06.2017

a. "These orders shall come into force prospectively from the date of Issue of the orders by competent authorities after amending the relevant regulations/bye-laws".

19. The matter is placed before the Board of Directors for consideration and to pass the following Resolution:

"Resolved that for the reasons and justification stated above and considering the genuine requirement of continuing the services of experienced employees and also considering the comfortable financial position of the company, the resolution may passed and to forwarded a proposal to the Government for approval to consider the proposal of APTS to enhance the age of superannuation of employees of the company from 60 years to 62 years effect on par with other employees of the Government".

5. He would submit that as per the note at S.No.7, a plain reading of the same would demonstrate that on an earlier occasion, the proposal/resolution of the Board to enhance the age of superannuation from 58 to 60 years was implemented after obtaining the approval of the State Government.

6. Further as per 9, it is seen that there is a reference to G.O.No.102 dated 27.06.2017, whereby it has been ordered that order shall come into force prospectively from the date of issue of the order by competent authorities after amending relevant regulations/bye-laws. That apart, the resolution passed on the agenda items as recorded would reveal that the Board itself has deemed it necessary to forward the resolution to the government to seek approval of the company to enhance the age of superannuation from the age of 60 to 62 years.

7. Per contra, the learned counsel for the respondents would take the Court to Chapter B (e) Staff Regulations of Andhra Pradesh Technology Services Limited, 2012 (for short “Regulations”) and Regulations 14 and 15 would read as under:

“14. The provisions contained in the Fundamental Rules and as may be amended from time to time applicable to the Andhra Pradesh State Government employees, shall apply to employees of Andhra Pradesh Technology Services Ltd., covered by these Regulations including provisions in Act No.23 of 1984 (i.e.,) The Andhra Pradesh Public Employment (Regulation of age of superannuation) Act, 1984 and as amended.

15. The provisions contained in AP Leave Rules, 1933 and as may be amended from time to time applicable to