APHC010525782024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

TUESDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 27422/2024 Between:

1. T SATYANARAYANA, S/O T. SIVA REDDY, AGED 60 YEARS, OCC DRIVER, THE AP STATE SEEDS DEVELOPMENT CORPORATION LIMITED, KURNOOL, R/O D.NO.76-111-46-1A2, RAGHAVENDRA NAGAR, BELLARY CROSS ROAD, KALLURU, KURNOOL. A.P.

...PETITIONER AND

1. T HE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURAL AND CROPS DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

3. T HE A P SEEDS DEVELOPMENT CORPORATION, REP. BY ITS MANAGING DIRECTOR, H.NO.D.NO.4-150, PRASADAMPADU, RAMAVARAPPADU POST, VIJAYAWADA.

4. T HE MANAGER PERSONAL AND ADMINISTRATION, A.P. SEEDS DEVELOPMENT CORPORATION, H.NO.D.NO.4-150, PRASADAMPADU, RAMAVARAPPADU POST, VIJAYAWADA.

...RESPONDENT(S):

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tointerests of justice writ, order, direction more particularly in the nature of writ of mandamus declaring the proceedings No.SSDC/Admn./117/2024-25 dt. 15-10-2024 informing that the petitioner shall retire from service of the 3rd Respondent Corporation that the petitioner is attaining age of superannuation of 60 years by 30-11-2024 is arbitrary, illegal, and in violation of Article 14,16 and 21 of Constitution of India, contrary to the board resolution, dt.05-12-1984 and to set aside the same and to issue a consequential direction to the 3rd and 4th Respondents to continue the petitioner in service in the 3rd Respondent corporation till he attains the age of 62 years and to pass IA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to continue the petitioner in the service of the 3rd Respondent Corporation till he attaining the age of 62 years by suspending the proceedings No.SSDC/Admn./117/2024-25 dt. 15-10- 2024-25 issued by the

4th Respondent and to pass Counsel for the Petitioner:

1. NAGA CHANDRIKA.D Counsel for the Respondent(S):

1. A V KONDAIAH

2. GP FOR SERVICES I

3. M DURGA PRASAD RAO The Court made the following:

THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.27422 of 2024

ORDER:

This writ petition is filed questioning the proceedings dated 15.10.2024 A.P. State Seeds Development Corporation Limited proposing to retire the petitioner on attaining the age of 60 years and seeks for enhancement of age of superannuation of 62 years in terms of G.O.Ms.No.15, Finance Department, dated 31.01.2022.

2. The basis of the claim of the petitioner is that A.P.State Seeds Development Corporation Limited is a state owned Corporation and a profit making Corporation. The further plea is that the age of superannuation was enhanced to 60 years pursuant to amendment of the A.P. Public Employment (regulation of Age of Superannuation) Act, 1984 in 2014 and similar benefit should be extended by enhancing the age of superannuation to 62 years . The learned counsel for the petitioner also placed reliance on the constitution of Government Committee vide G.O.Rt.No.1545, GAD (Cabinet.I) Department dated 22.08.2025 for extension of age of superannuation to 62 years to Corporations and sought for continuation of petitioner till a decision is taken by the State Government.

3. Learned counsel for the respondents opposed the same and contended that unless service conditions are amended after obtaining consent from the State Government, the petitioner cannot seek for continuance beyond the age of 60 years.

4. Heard Ms. D.Naga Chandrika, learned counsel for the petitioenr and learned Government Pleader fo