APHC010042872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

MONDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2171/2025 Between:

1. B .PANDU RANGAIAH,, S/O MUNASWAMY REDDY AGED 60 YEARS, OCC PLUMBER, R/O H.NO 23-1-16 DURANAGAR, M.R.PALLIE NEAR ESI HOSPITAL TIRUPATI DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY IS SPECIAL CHIEF SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE STATE OF ANDHRA PRADESH, REP. BY IS SPECIAL CHIEF SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

3. S RI PADMAVATHI MAHILA VISHWA VIDHYALAYAM, REP. BY ITS REGISTRAR, TIRUPATI.

...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 an appropriate Writ Order or orders, or Direction more particularly one in the nature of Writ of Mandamus declaring the proposed action of the respondents in retiring me from service with effect from 31-01- 2025 on completion of 60 years instead of 62 years by denying the benefits of G.O.Ms.No.10, dt 14-02-2024 of the 1st respondent as arbitrary and violation of Article 14,16 and 21 of Constitution of India and consequently direct the respondents to continue me in service upto the age of 62 years and pay the attendant and consequential benefits to me and pass such IA NO: 1 OF 2025 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 to direct the this respondents to continue me in service upto the age of 62 years by considering the benefit of G.O.Ms.No.10, dt: 14-02-2024 of the 1 St respondent with all consequential benefits pending disposal of the writ petition and pass Counsel for the Petitioner:

1. EATHAKOTA VENKATA RAO Counsel for the Respondent(S):

1. MANIKYA VEENA M (SC FOR PADMAVATHI MAHILA UNIVERSITY)

2. GP FOR HIGHER EDUCATION

3. GP FOR SERVICES III

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

:: ORDER ::

The above writ petition is filed to declare the action of respondent authorities in retiring the petitioner from service on 31.01.2025, on attaining the age of 60 years, instead of 62 years, by denying the benefit under G.O.Ms.No.10, dated 14.02.2024 issued by respondent No.1, as illegal and arbitrary.

2. Heard Sri E. Venkata Rao, learned counsel for the petitioner and Sri Ravi Teja, learned Assistant Government Pleader for Higher Education appeared for respondent No.1 and Sri S. Raju, learned Assistant Government Pleader appeared for respondent No.2.

3. Learned counsel for the petitioner would submit that the Registrar of respondent No.3 addressed a letter dated 04.01.2024 (Ex.P9) to the Principal Secretary to Government – respondent No.1, recommending the candidature of the petitioner for regularization of service. In turn, respondent No.1, by letter dated 25.01.2024, directed respondent No.3 to submit remarks.

4. Learned Assistant Government Pleader submitted the instructions of learned Deputy Secretary to the Government, Higher Education. A perusal of said instructions, the Government vide Letter No.2334020/U.E/A1/2024, dated 02.10.2024 and Letter No.2334020/U.E/A1/2024, dated 04.02.2025, intimated the respondent No.3 that the absorption of the petitioner is not feasible. The copies of said proceedings are handed over to the learned counsel for the petitioner across the bar.

5. Given the developments, pending the writ petition, nothing remains in the writ petition for adjudication and hence the Writ Petition is closed. However, it is open to the petitioner to challenge the proceedings issued by the Government vide Letter No.2334020/U.E/A1/2024, dated 02.10.2024 and Letter No.2334020/U.E/A1/2024, dated 04.02.2025, if aggrieved. No order as to costs.

As a sequel, pending misc