Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
C.H. K. Sailaja, W/o. P. Sudhakar – Appellant
Versus
State of Andhra Pradesh, Rep. By Its Special Chief Secretary – Respondent
ORDER :
NYAPATHY VIJAY, J.
The common question in all these writ petitions is that the Petitioners are seeking for continuation of their service till attaining the age of 62 years in terms of the amendment brought into the Andhra Pradesh Public Employee (Regulation of Superannuation) Act, 1984 vide G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022.
2. The Petitioners are employees of Mahatma Jyothiba Phule Andhra Pradesh Backward Class Welfare Residential Institution Society (for brevity 'MJPAPBCWRIS'). It is stated that the Society is under the control of the State Government and pursuant to the Amendment to the Andhra Pradesh Public Employee (Regulation of Superannuation) Act, 1984, the age of superannuation was also enhanced to the employees of the Respondent-Society vide G.O.Ms.No.60, School Education (TRG) Department, dated 27.07.2017 and by virtue of the said G.O., the Petitioners were continuing till the age of 60 years. It is stated that the service regulations were framed by the State Government vide G.O.Rt.No.68, Backward Classes Welfare (B) Department, dated 10.05.2018. As the Government had issued G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2
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 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 established that any amendment to service conditions, including superannuation age, requires prior approval from the State Government as per the governing regulations.
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....
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 ....
Since the enhancement of the age of superannuation is a ‘public function’ channelised by the provisions of the statute and the service regulations, the doctrine of promissory estoppel cannot be used ....
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 ....
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
