Employees of Public Sector Undertakings and State Corporations constitute a separate class from Government servants and cannot claim parity in service conditions, including superannuation age, as a matter of right unless specifically adopted by their respective boards.

COMMON ORDER

1. These writ petitions are filed challenging the action of the respondents in not extending the benefit of enhancement of the age of superannuation from 60 years to 62 years, in not forwarding proposals to the higher authorities for amendment of the service regulations, and in not reinstating the petitioners into service till they attain the age of 62 years.

2. Since both these writ petitions are filed by the same petitioners and seek identical reliefs involving a common issue, they are being disposed of by this common order.

3. The petitioners submit that the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Ordinance, 2022, published in the Andhra Pradesh Gazette on 31.01.2022 through Ordinance No.1 of 2022, enhanced the age of superannuation from 60 years to 62 years by virtue of G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022.

4. The petitioners, who were working in different capacities in APIIC, expected to continue in service till attaining the age of 62 years. However, the respondents issued proceedings dated 29.09.2023, retiring and relieving the petitioners from service with immediate effect.

5. The petitioners further submit that, pursuant to the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014, the Government issued G.O.Ms.No.147 dated 30.06.2014 enhancing the age of superannuation of State Government employees from 58 years to 60 years. Thereafter, by G.O.Ms.No.102 dated 27.06.2017, permission was granted for enhancement of the retirement age from 58 years to 60 years for employees working in institutions listed under Schedules IX and X of the A.P. Reorganisation Act, 2014 , subject to approval by the respective Boards of Directors/Management Committees after considering their financial position and necessity.

6. According to the petitioners, various Government policies relating to allowances and pensionary benefits applicable to Government employees were also adopted by the respondent institutions. Consequently, employees of the respondent organization were continued in service till attaining the age of 60 years.

7. The petitioners contend that, though the State Government subsequently enhanced the age of superannuation from 60 years to 62 years with effect from 01.01.2022, the same benefit was not extended to employees of Public Sector Undertakings, State Corporations and other State institutions covered under Schedules IX and X of the A.P. Reorganisation Act, 2014 . It is alleged that APIIC failed to take steps to pass any resolution by the Board and did not forward proposals to the Government seeking enhancement of the retirement age from 60 to 62 years. As a result, several employees, including the petitioners, were compelled to retire on attaining the age of 60 years. The petitioners therefore contend that the action of APIIC is arbitrary, discriminatory, and violative of Articles 14, 16, and 21 of the Constitution of India.

8. During the hearing, learned counsel for the petitioners argued that, as employees of the State Corporation, the petitioners are also entitled to the benefit of enhanced superannuation age on par with Government employees under the A.P. Public Employment (Regulation of Age of Superannuation) Act, 1984, as amended by Ordinance No.1 of 2022 and later Act No.4 of 2022, whereby the retirement age was increased to 62 years. He further contended that, in view of th