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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
Yelduti Srinivas, S/o. Krishna Murthy – Appellant
Versus
State of Andhra Pradesh, Rept. By Principal Secretary, Finance Department – Respondent
| Table of Content |
|---|
| 1. petitioners seek enhancement of retirement age. (Para 2 , 3) |
| 2. government's rejection of enhancement is challenged. (Para 4 , 5) |
| 3. rules require government approval for age amendment. (Para 6 , 7 , 8) |
| 4. previous resolutions on superannuation age are cited. (Para 10 , 11) |
| 5. committee formed for evaluating superannuation feasibility. (Para 12 , 13 , 14) |
| 6. court cannot alter policy on retirement age. (Para 16 , 17) |
| 7. dismissal of petitions upheld; retirement age policy confirmed. (Para 18 , 19 , 20) |
| 8. final dismissal order issued for the petitions. (Para 21) |
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 determination of superannuation age is a policy decision of the government, requiring its approval for amendments, and courts cannot intervene without legal authority.
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 enhancement of the age of superannuation requires governmental approval and is a matter of policy.
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....
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....
(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 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....
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