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SUBBA REDDY SATTI
Ogirala Bhaskara Rao – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
Heard Sri Chandraiah Naidu, learned counsel appearing for Sri B.Hanumantha Rao, Sri Sai Harsha, learned counsel representing Sri B. Raghava Reddy, and Sri Sainadh, learned counsel representing Sri Sai Kumar and Smt.A.Varalakshmi, learned counsels for the petitioners and learned Assistant Government Pleader for Services and learned Sri Sazid, learned counsel representing Sri E.V.Jagannadha Rao, learned Standing Counsel for A.P State Housing Corporation Ltd.
2. Since the issue involved in the Writ Petitions is one and the same, this Court is inclined to pass common order.
3. Petitioners, the employees of A.P Housing Board Corporation Ltd., filed these writ petitions for not extending the age of superannuation from 60 years to 62 years, in terms of G.O.Ms.No.15 Finance (HR.IV-FR&LR) Department dated 31.01.2022, despite the resolution passed by the Board of Directors in 27th Board meeting dated 22.03.2022 as illegal, arbitrary and etc.
4. Learned counsel for the petitioners would submit that age of superannuation to the Government employees was extended by amending A.P Public employment (Regulation of Age of Superannuation) Act., 1984 dated 19.08.2022 vide G.O.Ms.No.15 dated 31.01.
The court established that subsequent government actions can render earlier petitions moot, allowing for separate challenges to new decisions.
The court established that subsequent government actions can render initial petitions moot, affecting the adjudication of related legal challenges.
The determination of superannuation age is a policy decision of the government, requiring its approval for amendments, and courts cannot intervene without legal authority.
The enhancement of the age of superannuation requires governmental approval and is a matter of policy.
The Court held that the enhancement of age of superannuation to 62 years is a policy decision of the State Government and does not automatically apply to employees governed by independent Bye-laws.
Employees of a residential institution governed by statutory regulations are entitled to the same superannuation benefits as government employees unless explicitly stated otherwise.
The central legal point established in the judgment is the applicability of G.O.Ms.No.15, dtd. 31/1/2022, which enhanced the age of superannuation of Government Employees from 60 years to 62 years, t....
Service Matter – Age of retirement – 1 - Every Government servant shall retire from the service on the afternoon of the last day of the month in which he attains the age of sixty years:2- Government ....
Employer's prerogative in setting retirement age is affirmed, requiring Government reconsideration of employee age enhancement without clear rationale.
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