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G. NARENDAR, KIRANMAYEE MANDAVA
Andhra Pradesh Technology Services Ltd. (APTS) – Appellant
Versus
Paruchuru Venkateswara Rao – Respondent
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:
4. Further, the learned counsel would take this Court thro
Interim relief cannot be granted as final relief without compelling justification, especially when a resolution is pending government approval.
The determination of superannuation age is a policy decision of the government, requiring its approval for amendments, and courts cannot intervene without legal authority.
(1) Whether age of superannuation should be enhanced is a matter of policy. If a decision has been taken to enhance age of superannuation, date with effect from which enhancement should be made falls....
The timing of approval for the enhancement proposal and the applicability of separate service rules for PSUs were central to the court's decision.
The main legal point established in the judgment is that the A.P. Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act 23 of 1984) applies only to specific categories of government ....
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 accordi....
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
whenever a new benefit is granted and/or new scheme is introduced, it might be possible for the State to provide a cut-off date taking into consideration its financial resources. But the same shall n....
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