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G. NARENDAR, HARINATH N.
M. Subbarayudu – Appellant
Versus
State Of A. P. – Respondent
JUDGMENT :
(per Sri Justice G. Narendar)
Heard the learned counsel for the Appellants, learned Government Pleader for Services I and the learned Standing Counsel for A.P.Mineral Development Corporation Limited.
2. The short point that is canvassed by the learned Standing Counsel is that the Appellants are entitled for enhancement of age of superannuation in view of the Board Resolution, dated 30.06.2022.
3. When the matter was listed on the earlier occasion and on the earlier date of hearing, the learned Standing Counsel for the Board was directed to place on the record the Memorandum of Association and Articles of Association of the Statutory Corporation i.e., Andhra Pradesh Mineral Development Corporation.
4. It is apparent that the right to amend the provisions relating to pay scales, promotions, allowances and all other payments are subject to approval of the State Government. Admittedly, Clause 100 (A) of Memorandum And Articles of Association of The Andhra Pradesh Mineral Development Corporation Limited, reads as under:
The court established that any amendment to service conditions, including superannuation age, requires prior approval from the State Government as per the governing regulations.
Employees of a residential institution governed by statutory regulations are entitled to the same superannuation benefits as government employees unless explicitly stated otherwise.
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 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 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.
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 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....
(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 power to regulate conditions of service under the Act is legislative in nature, allowing unilateral modification without employee consent or fair hearing.
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