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.

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 institutions listed in Schedules IX and X of the A.P.Re-organization Act, 2014 subject to the decision of the Board of Directors/ Managing Committees of the respective legal entities. Subsequently, the State Government also issued G.O.Ms.No.138, dated 08.08.2017, enhancing the age of superannuation of employees in Schedules IX and X of the A.P.State Re-organization Act, 2014 stating that employees shall not be superannuated on attaining the age of 58 years and shall be continued up to 60 years. Consequently, the employees of the Respondent-Society continued till the age of 60 years.

4. While so, the State Government issued G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022, amending the A.P.Public Employment (Regulation of Age of Superannuation) Act, 1984, by enhancing the age of superannuation to 62 years. Consequently, Respondent-Society is said to have been sent a proposal vide letter dated 20.05.2022 to Respondent No.2 for enhancement of age of superannuation from 60 to 62 years on par with State Government employees. Since no further steps are taken on the proposals of the Respondent-Society, the present writ petitions are filed seeking for continuance till the Petitioners attaining the age of 62 years.

5. In the counter filed by APTWREIS, it is stated that the Society was created pursuant to a policy decision in the year 1998 for tribal children with required autonomy and functional flexibility to take care of enrolment, retention, improvement and imparting quality education to poor tribal children in the State. In the said process, the Respondent-Society was established vide G.O.Ms.Nos.51, 52 and 53 Social Welfare (TW-Edn.I) Department, dated 03.06.1998 respectively.

6. Subsequently, the A.P. Residential Educational Institutions Society was bifurcated into separate two Societies namely A.P. Residential Educational Institutions Society and Respondent- Society i.e. APTWREIS with effect from 01.06.1999. It is stated that Respondent-Society is registered under the A.P.Public Societies Registration Act, 1350 Fasli and the Management of the Society is vested in Board of Governors with Hon’ble Minister for Tribal Welfare as Chairman and the Principal Secretary to Government, Tribal Welfare Department as Vice-Chairman and other Government Officials as Members. It is the further plea that Respondent-Society is an autonomous body receiving 100% Grant-in-Aid funds from the State Government and is a distinct entity. After bifurcation of the State, Respondent-Society was further bifurcated into two Societies i.e. Telangana Tribal Welfare Residential Educational Institution Society and A.P.Tribal Welfare Residential Educational Institution Society. It is stated that the State Government had issued a clarification vide circular dated 23.09.2022 stat