Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
P. Venkata Rama Rao, S/o. Late Sanyasappadu – Appellant
Versus
State of AP, Rep. By Its Special Chief Secretary – Respondent
| Table of Content |
|---|
| 1. overview of age of superannuation policies (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. contentions on superannuation policy (Para 7 , 8) |
| 3. court's authority on policy decisions (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 4. court's directive on government consideration (Para 19) |
ORDER :
NYAPATHY VIJAY, J.
The common issue in all the writ petitions is with regard to the enhancement of age of superannuation from 60 to 62 years as illegal, arbitrary and contrary to G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022.
2. The Petitioners are working in Andhra Pradesh Tribal Welfare Residential Educational Institution Society (herein after referred to as ‘APTWREIS’ for brevity) in teaching faculty. Originally, the age of superannuation of the employees of the Society, other than class IV employees, was 58 years. While so, the State Government issued A.P.Public Employment (Regulation of Age of Superannuation) Amendment Act, 2014, enhancing the age of superannuation from 58 to 60 years to the State Government employees.
3. Thereafter, the State Government issued G.O.Ms.No.102, dated 27.06.2017, according approval to enhance the age of superannuation to employees working in in
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.
Employees of a residential institution governed by statutory regulations are entitled to the same superannuation benefits as government employees unless explicitly stated otherwise.
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 ....
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....
Changes to retirement age rules are prospective and cannot be applied retroactively unless explicitly stated.
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....
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 ....
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
