The age of superannuation is governed by the specific bylaws of an institution, dictated by policy decisions of the State government.

COMMON ORDER:

The common issue in all the writ petitions is with regard to the enhancement of age of superannuation from 60 to 62 years as per G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022.

2. The Petitioners are working in Andhra Pradesh Social Welfare Residential Educational Institutions Society (herein after referred to as ‘APSWREIS’ 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 vide G.O.Ms.No.147, dated 30.06.2014.

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 to State Government 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 APSWREIS, it is stated that the Society was created vide G.O.Ms.No.118, Social Welfare (Q) Department, dated 17.11.1983 for providing quality education to the talented children belonging to Scheduled Caste community coming mainly from the rural areas and vide G.O.Ms.No.245, Social Welfare (Q) Department, dated 03.10.1986, the Respondent-Society was constituted to supervise, control and manage the Social Welfare Residential Institutions in the State.

6. 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 Social Welfare as Chairman and the Principal Secretary to Government, Social 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. It is stated that the State Government had issued a clarification vide circular dated 23.09.2022 stating that the Amendment Act is applicable only to certain categories and that the enhancement of age of superannuation from 60 to 62 years is not applicable to the employees of Respondent-Society. It is further pleaded that employees working in Respondent- Society are governed by separate Bye-laws and the G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022 cannot be extended to the benef