APHC010110372023 IN THE HIGH COURT OF ANDHRA PRADESH [3460]

AT AMARAVATI (Special Original Jurisdiction)

FRIDAY,THE FIFTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 5607/2023 Between:

1. K NAGAMUNI, S/O. GAMPANNA, AGED 59 YEARS, OCC.EXECUTIVE DIRECTOR BC CORPORATION, ANANTHAPUR, ANANTHAPUR DISTRICT, ANDHRA PRADESH ...PETITIONER AND

1. T HE STATE OF AP, REP. BY IT'S PRINCIPAL SECRETARY, BC WELFARE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR, (B.C WELFARE DEPARTMENT), ANANTHAPUR DISTRICT AT ANANTHAPUR.

3. T HE VICE CHAIRMAN AND MANAGING DIRECTOR, AP BC COOPERATIVE FINANCE CORPORATION, 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 topleased to issue a Writ, order or direction more particularly one in the nature of writ of Mandamus, By declaring the action of the respondents, more particularly 1st respondent, in not extending the benefit of age of superannuation up to 62 years in terms of G.O.Ms No. 15 Finance (HR.IV-FR and LR) Dated 31.01.2022 as unjust, improper and contrary to the orders issued in GOMs No.138 dt.08-08-2017 and the judgment of Hon'ble Supreme Court in SLP Nos. 14033-14034/2017 dated 05-05-2017 including orders of Hon'ble Supreme Court in SLP No.13623/2017 dated 09-08-2017 in the matter of applicability of age of superannuation to the petitioner at par with the Government servants. Hold that the petitioner herein is entitled for continuation of his service up to the age of 62 years in terms of G.O.Ms No. 15 Finance (HR.IV-FR and LR) Dated 31.01.2022, GOMs No.138 dt.08-08-2017 and the judgment of Hon'ble Supreme Court in SLP Nos. 14033-14034/2017 dated 05-05- 2017 including orders of Hon'ble Supreme Court in SLP No. 13623/2017 dated 09-08-2017. and Consequently direct the 3rd respondent to continue the services of the petitioner till the age of 62 years, with all consequential by extending the same benefit that was conferred to the employees covered by G.O.Ms No.15 Finance (HR.IV-FR and LR) Dated 31.01.2022 and pass IA NO: 1 OF 2023 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 till the age of 62 years in terms of G.O.Ms No. 15 Finance (FIR.IV-FR and LR) Dated 31.01.2022, pending disposal of the above Writ Petition and pass IA NO: 2 OF 2023 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 vacate the interim order dated.07.03.2023 passed in I.A.No.1 of 2023 in WP No.5607 of 2023 and dismiss the said Writ Petition and pass Counsel for the Petitioner:

1. MORTHA SRINU BABU Counsel for the Respondent(S):

1. GP FOR SERVICES II

2. KALISETTI APPA RAO(Standing Counsel for APBC Finance Corporation)

The Court made the following:

HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.5607 of 2023

ORDER:

This writ petition is filed for the benefit of extension of age of superannuation from 60 to 62 years. As per the writ affidavit, the Petitioner was due to retire on 31.03.2023. As on date, the Petitioner has crossed 62 years and the cause of action does not survive for adjudication.

2. The writ petition is, therefore, dismissed. No order as to costs.

As a sequel, the miscellaneous petitions if any shall stand dismissed.

__________________ NYAPATHY VIJAY, J Date: 05.12.2025 KLP