The determination of superannuation age is a policy decision of the government, requiring its approval for amendments, and courts cannot intervene without legal authority.

ORDER:

 NYAPATHY VIJAY, J.

1. These writ petitions are filed by employees working in various designations of the A.P.State Housing Corporation seeking for enhancement of age of superannuation of 62 years in terms of G.O.Ms. No.15, Finance Department, dated 31.01.2022.

2. Pursuant to the amendment of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 vide G.O.Ms.No.15, dated 31.01.2022 issued by the State Government enhancing the age of superannuation from 60 to 62 years, a Board Resolution was passed on 22.03.2022 by the Respondent-Corporation, whereunder it was resolved to enhance the age of employees of the Corporation from 60 to 62 years on par with Government employees. In spite of the Resolution, concurrence of the State Government was sought. As some of the employees were retired, writ petitions were filed before this Court seeking for continuation of their services till the age of 62 years. While the writ petitions were pending, the State Government issued a letter Lr.No.1699176/VC.A2/2022-2, dated 18.07.2024 rejecting the proposal for enhancement of age of superannuation of employees of Respondent-Corporation. In that view, writ petitions were dismissed leaving it open to challenge the rejection proceedings.

3. In some of the writ petitions, the rejection of the Government’s decision referred above was challenged apart from continuation of services on the ground that a committee was constituted under G.O.Rt.No.1545, GAD (Cabinet.I) Department dated 22.08.2025 for examining the feasibility of enhancement of age of superannuation from 60 to 62 years to the employees working in Government Institutions/Societies/Corporations included in Schedules IX and X of the A.P Reorganization Act, 2014. It is contended that the impugned order of rejection by the State Government on 18.07.2024 was without considering the requirement of experienced staff and financial viability of the Corporation and the Government had independently and mechanically rejected the proposal. It is stated that retirement of experienced employees in the Corporation is causing difficulty to execute the work and till a decision is taken, the Petitioners should be permitted to continue in service. It is also stated that orders of retirement were issued by authority other than the Managing Director, who is not contemplated in the rules and therefore, the same is bad.

4. In the counter affidavit filed by the Respondent- Corporation, it is stated that by circular dated 11.07.2022 under Section 175 of the Companies Act, 2015 earlier resolution passed on 22.03.2022 was withdrawn. Another resolution was passed by the Board of Respondent-Corporation in the meeting held on 30.09.2022 fixing the age of superannuation as 60 years to the employees of A.P State Housing Corporation Limited taking its financial status. It is also mentioned that subsequent to the decision taken by the Board taking the financial status of the Corporation and the crisis it is facing due to paucity of funds, the State Government had rightly rejected the enhancement of age from 60 to 62 years. It is also stated that it is a policy decision taken by the Government taking into consideration several factors. Reliance was also placed on the Judgments of this Court in W.A.No.392 of 2023 and batch, W.A.No.204 of 2024 and W.P.No.21294 of 2023.

5. Heard Sri Abhay Siddanth, Sri Veladi Sai Sri Harsha, Smt. Na