Back
GANNAMANENI RAMAKRISHNA PRASAD
Mattaparthi Krishna Murthy – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
IN W.P.Nos.15259, 15269, 15286, 15927, 18938, 25433, 27678, 27728, 32722, 33335 of 2023 and 153, 1962, 2448, 2461, 3529 and 4781 of 2024:
Heard Sri Kambampati Ramesh Babu, Sri N. Siva Reddy, Sri Srinivas Basava representing Smt. Bobba Vijaya Lakshmi learned respective Counsels for the Writ Petitioners in this batch and Sri P. Vara Prasad, learned Asst. Government Pleader representing the Principal Secretary, Agriculture and Cooperative Department and the District Cooperative Officer.
2. This batch of Writ Petitions is filed by the employees working at various levels in the Primary Agricultural Cooperative Credit Societies in the State of Andhra Pradesh for seeking enhancement of age of superannuation from 60 years to 62 years as per the amendment made by the Government vide G.O.Ms.No.15 dated 31.01.2022. This amendment is made by the Government of Andhra Pradesh and is called as the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Ordinance 2022. This Ordinance was later approved by the State Legislature and eventually became an Act (Act No.4 of 2022) vide Gazette Notification No.4 dated 19.04.2022. Vide the Act No.4 of 2022, the Andhra Prades
Employees of Primary Agricultural Cooperative Credit Societies are entitled to the same age of superannuation as government employees, subject to compliance with procedural requirements.
Employees of a residential institution governed by statutory regulations are entitled to the same superannuation benefits as government employees unless explicitly stated otherwise.
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.
The court ruled that an enhancement of retirement age can only apply to future retirees and cannot be retroactively claimed by individuals who have already retired under the previous rules.
The determination of superannuation age is a policy decision of the government, requiring its approval for amendments, and courts cannot intervene without legal authority.
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....
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....
The central legal point established in the judgment is the interpretation of the Model Service Regulations and the applicability of G.O.Ms.No.15, dtd. 31/1/2022, to the Writ Petitioner's case, based ....
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
