2025:APHC:56446 APHC010303732023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 15612/2023 Between:

1. P KUNKUTESHWARA RAO, S/O. P.SESHA RAO, AGE ABOUT 60 YEARS (DATE OF BIRTH. 8.6.1963) WORKING AS ASSISTANT MANAGER, NIMMALAPADU PROJECT, A.P.MINERAL DEVELOPMENT CORPORATION LTD., VIZIANAGARAM DISTRICT ...PETITIONER AND

1. T HE STATE OF AP, REPT.BY ITS PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

2. T HE STATE OF ANDHRA PRADESH, REPT.BY ITS PRINCIPAL SECRETARY, FINANCE ( HRM.IV) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 3. T HE A P MINERAL DEVELOPMENT CORPORATION LTD, (A GOVT.

OF ANDHRA PRADESH UNDERTAKING), OFFICE. D.NO.294/1D, KANURU VILLAGE, PENAMALURU MANDAL, VIJAYAWADA - 521 137, ANDHRA PRADESH, REP. BY ITS CHAIRMAN AND MANAGING DIRECTOR.

4. T HE VICE CHAIRMAN AND MANAGING DIRECTOR, A.P. MINERAL DEVELOPMENT CORPORATION LTD., (A GOVT. OF ANDHRA PRADESH UNDERTAKING), OFFICE. D.NO.294/1D, KANURU VILLAGE, PENAMALURU MANDAL, VIJAYAWADA - 521 137, ANDHRA PRADESH.

5. T HE GENERAL MANAGER, A.P. MINERAL DEVELOPMENT CORPORATION LTD., (A GOVT. OF ANDHRA PRADESH UNDERTAKING), D.NO. 294/ID.TADIGADAPA TO ENIKAPADU 100 FT ROAD, KANURU VILLAGE, PENAMALURU, VIJAYAWADA-

52137,AP ...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 or Order or Direction more particularly one in the nature of a Writ of Mandamus, declaring the action of the respondents in retiring the petitioner from service of the 3rd Respondent Corporation at the age of Sixty (60) years on the basis of Impugned Clarification issued in Circular Memo.No. 1813129/FIN01-HR/212/2022-HR-IV, dt. 23.9.2022 by the 2'd respondent and the Impugned Office Order APMDC/HRD/Retd. Intimation/2023/192, Dt.12.5.2023 of the respondents without allowing the petitioner to remain in service till he attains the age of superannuation of 62 years of age on the basis of his recorded date of birth as 8.6.1963 on par with other similarly situated persons are governed by pre-amended superannuation Act 4 of 2014 as being arbitrary, illegal, unjust, discriminatory, contrary to the Provisions of the A.P. Public Employment (Regulation of Age of Superannuation) Act, 1984 as amended from time to time including Act 4 of 2022 and G.O.Ms.No. 15, Finance Department dt. 31.1.2022 and also implementation of their orders vide APMDC/HRD/60-62 years/2022/557, dt. 30.6.2022 and in violation of Articles 14,16 and 21 of the Constitution of India and accordingly setaside the same and consequently hold that the petitioner is entitled to be continued in service till he attains superannuation age of sixty two (62) years on the basis of his recorded date of birth as 8.6.1963 with all consequential benefits in accordance with law and statutory prescription age of superannuation of 62 years with all consequential benefits in this regard 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 direct the respondents to retain and continue the petitioner in service till he attains the superannuation age of sixty two years i.e. 30.6.2025, by suspending the Impugned Clarification issued in Circular Memo.No. 1813129/FIN01- HR/212/2022-HR-IV, dt: 23.9.2022 by the 2nd respondent and Impugned Office Order APMDC/HRD/Retd.Intimation/2023/192, Dt:12.5.2023 pending disposal of the above Writ Petition and pass Counsel for the Petitioner:

1. D LINGA RAO Counsel for the Respondent(S):

1. V R N PRASHANTH

2. GP FOR SERVICES I The Court made the following:

THE HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No:15612 OF 2023