APHC010079822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

FRIDAY, THE TWELFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 4432/2024 Between:

1. D R CH RAMANAMMA, W/O RAMESH, AGED 61 YEARS, WORKING AS PRINCIPAL GOVERNMENT DEGREE COLLEGE (WOMEN) CHIRALA, (ERSTWHILE GUNTUR DISTRICT) BAPATAL DISTRICT, R/O 15-155/1-2, PAPARAJUTHOTA, RAMASHAMBHAM, CHIRALA, PATACHIRALA POST, BAPATAL DISTRICT.

2. D R. N.J.PADMAKARA BABU,, S/O KOTAIAH, AGED 61 YEARS, WORKING AS LECTURER IN POLITICAL SCIENCE IN GOVT. DEGREE COLLEGE, RAMPACHODAVARAM, (EREST WHILE EAST GODAVARI) PRESENTLY A.S.R. DISTRICT, R/O 4-507, RAJUPETA, NEAR NATIONAL COLLEGE, MACHILIPATNAM, KRISHNA DISTRICT.

3. D R. E. CHANDRA NAIDU,, S/O SUBRAMANYAM NAIDU, AGED

61 YEARS, WORKING AS PRINCIPAL GOVERNMENT DEGREE COLLEGE, JAGGAMPETA, (ERST WHILE EAST GODAVARI DISTRICT) PRESENTLY KAKINADA DISTRICT, R/O 2-367/4, MAIN STREET, KONGAREDDY PALLI, CHITTOR, CHITTOR DISTRICT.

4. D R. V.SRINIVASA RAO,, S/O V. GARUDACHALAM, AGED 61 YEARS, WORKING AS PRINCIPAL GOVERNMENT DEGREE COLLEGE, RAMPACHODAVARAM, (EREST WHILE EAST GODAVARI) PRESENTLY A.S.R. DISTRICT, R/O 10-233. PATHAPALA KENDRAM STREET, NEAR SARATH NURSING HOME, VUYYURU, KRISHNA DISTRICT.

5. D R. SHAIK HAROON, , S/O JABBAR ABDUL MOHAMAD, AGED 61 YEARS, WORKING AS PRINCIPAL GOVERNMENT DEGREE COLLEGE(WOMEN) MARRIPALEM, DOWNURU POST KOYYURU MANDAL, VISAKHAPATNAM DISTRICT, R/O 20-97, MAHALA ROAD, OLD PET, CHANDRAGIRI, CHITTOR DISTRICT.

...PETITIONER(S)

AND

1. T HE GOVERNMENT OF INDIA, , REP BY ITS SECRETARY MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF HIGHER EDUCATION, NEW DELHI.

2. T HE UNIVERSITY GRANTS COMMISSION, REP BY ITS SECRETARY, BAHADURSHAH ZAFAR MARG, NEW DELHI-

110002.

3. T HE STATE OF ANDHRA PRADESH, REP. BY IT'S THE PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT.

4. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION, EDUCATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT.

5. T HE COMMISSIONER OF COLLEGIATE EDUCATION, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT. ...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 to issue a writ order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not considering the Petitioners case for enhancement age of Superannuation up to the age of 65 years on par with University Teaching Staff who are drawn the UGC Scale in accordance with G.O.Ms.No.14, dated 13-02-2019 and as per G.O.Ms.No. 39 dated 29-12-2023 of the 4th respondent and issuance of proceedings in Rc.No. 04/0.P-1/2024, dated 11-01-2024 and Rc.No.01/Ser.III-B/2024, dated 30-01-2024 respectively of the 5th respondent (1St Petitioner and 2nd Petitioner) permitted to retire from the Public Serivce on 29- 02-2024 on attaining the age of Superannuation i.e., 62 years as on 29-02-2024, the 3rd to 5th Petitioners permitted to retire from the Public Service on 31-05-2024 on attaining the age of Superannuation i.e., 62 years in accordance with the G.O.Ms. No.15, Finance(HR.P1g.and Policy) Department, dated31-01-2022 of the 3rd Respondent, is being illegal, arbitrary and violation of Articlea 14, 21 and 309 of the Constitution of India and contrary to G.O.Ms. No.14, dated 13-02-2019 and also contrary to No.1-7/2015-U.II(1), dated 02-11-2017 as per UGC Regulartions and also contrary 6th Central Pay Commission Recommondations and consequently direct the Respondents to continue the Petitioners in their respective Positions up to the age of Superannuation of the age 65 years by setting aside the proceedings in Rc.No. 04/0.P-1/2024, dated 11-01-2024 and Rc .No .01/S er.III-B/2024, dated 30-01-2024 respectively in ac