APHC010088722023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329]

(Special Original Jurisdiction)

MONDAY,THE SIXTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4426/2023 Between:

1. K RAJA, K.RAJA, S/O KRISHNAIAH, AGED 60 YEARS, OCC SWEEPER-CUM-NIGHT WATCHMAN, 0/O. JOINT COMMISSIONER(

STATE TAX), CHITTOOR DIVISION, CHITTOOR DISTRICT ...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE ( CT-III) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE STATE OF ANDHRA PRADESH, REP. BY ITS SPL CHIEF SECRETARY, FINANCE (HR.IV-FR AND LR) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT.

3. T HE CHIEF COMMISSIONER, STATE TAX(ST) DEPARTMENT, STATE OF ANDHRA PRADESH, KUNCHANAPALLI, GUNTUR DISTRICT.

4. T HE JOINT COMMISSIONER, STATE TAX (ST) CHITTOOR DIVISION, CHITTOOR.

...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, declaring the action of the respondents herein in retiring the petitioner from service at the age of 60 years vide impugned proceeding.Rc.No.B2/105/2018, dated 31-1-2023 as highly illegal, arbitrary and discrimination and also contrary to the law and consequential the Hon'ble court may pleased to set aside the impugned proceeding dated 31-1- 2023, by declaring that the petitioner herein is also entitled to continue in service upto 62 years with all consequential benefits including arrears of salary and may 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 herein to continue the petitioner in service as Sweeper¬cum-Night Watchman, at 4th respondent office upto the age of 62 years, by suspending the impugned proceeding.Rc.No.B2/105/2018, dated

31-1-2023 pending disposal of the 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 in IA 1/2023 in WP. 4426/2023 dt 23-02-

2023 Counsel for the Petitioner:

1. M R TAGORE Counsel for the Respondent(S):

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

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.4426/2023 ORDER:-

This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-

“to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents herein in retiring the petitioner from service at the age of 60 years vide impugned proceeding Rc.No.B2/105/2018, dated 31.1.2023 as highly illegal, arbitrary and discrimination and also contrary to the law and consequential the Hon’ble court may pleased to set aside the impugned proceeding dated 31.1.2023 by declaring that the petitioner herein is also entitled to continue in service upto 62 years with all consequential benefits including arrears of salary and may pass such other order or orders….”

2. Heard learned counsel for the petitioner and learned counsel for the respondents.

3. Considering the submissions made by both the learned counsel, on 23.02.2023, this Court was pleased to pass an interim order, which reads as follows:

“Therefore, there shall be an interim suspension of the impugned proceedings of the 4^th respondent vide Rc.No.B2/105/2018, dated 31.01.2023, and the respondents are hereby directed to continue the service of the petitioner as Sweeper-cum-Night Watchman upto the age of 62 years.”

4. Despite the above said directions, the respondents have not inclined to continue the petitioner and relieved the petitioner from service on