ORDER:

In this writ petition, the petitioners are seeking a writ or order or direction especially one in the nature of the writ of mandamus declaring that (a) the action of the respondents in not continuing the petitioners in service till they attain the age of superannuation of 61 years in terms of Act 3 of 2021 and in terms of G.O.Ms.No.45, dated 30.03.2021 and in terms of Circular Memo No.705517/161/A1/HRMIII/2020, dated 04.04.2021 is illegal, arbitrary and discriminatory, violating Article 14, 16 and 21 of the Constitution of India;

(b) the petitioners are entitled to continue in service till they attain the age of superannuation of 61 years in terms Act 3 of 2021, G.O.Ms.No.45, dated 30.03.2021 and Circular Memo No. 705517/161/Al/HRMIII/ 2020, dated 04.04.2021;

(c) to pass such other order or orders in the interest of justice.

2. Brief facts leading to the filing of the present writ petition are that both the petitioners were working as Senior Assistants in the respondent No.4 organization. The Government of Telangana issued G.O.Ms.No.45, dated 30.03.2021 amending the Telangana Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2021 and it was published in Part-IV-B extraordinary issue of the Telangana State of Gazette dated 27.03.2021 and thereafter in terms of the said amendment G.O.Ms.No.45, dated 30.03.2021 has been issued enhancing the age of superannuation of all State Government employees from 58/60 years to 61 years and the said amendment Act has come into force with effect from 30.03.2021. Further vide Circular dated 04.04.2021, the Government of Telangana directed all the grant-in-aid institutions, societies, Universities (in respect of non teaching staff), Corporations and other organizations to take necessary action to adopt the age of superannuation as enhanced for the State Government employees, for their employees also from the date of the amendment to the Telangana Act No.3 of 2021 come into force i.e., 30.03.2021, duly obtaining the approval/

ratification of the competent authority and amending the relevant service rules of the respective organizations. It is submitted that Rule 28(6) of A.P.Co-Operative Societies (TS Co-Operative Societies Rules, 1964), provided for the age of superannuation as 58 years. It is submitted that pursuant to the Act 3 of 2021 and G.O.Ms.No.45, dated 30.03.2021 and also Circular dated 04.04.2021, the petitioners were entitled to continue in service till they attain the age of superannuation of 60 or 61 years as Act 3 of 2021 had come into force w.e.f. 30.03.2021. It is submitted that the respondents had issued the notification No.37, dated 02.02.2021 i.e., prior to the issuance of G.O.Ms.No.45, informing the date of retirement of the petitioners as 31.07.2021. However, after the amendment of the Act 3 of 2021 and the Circular dated 04.04.2021 and also the resolution passed by the respondent No.4 Society, extending the age of retirement to 60 years vide notification No.516, dated 30.06.2021, the petitioners were entitled to continue in service till they attain the age of 60 years. However, the petitioners were made to retire on 31.07.2021 at the age of 58 years and were also paid all the retirement benefits. However, the petitioners made representations on 01.06.2021 and also 12.11.2021 to continue their services till the age of 60 years as per the resolution of the Managing Committee of the Society. In the meantime, the Government of Telangana, Agriculture & Cooperation (Coop.II) Department, issued G.O.Ms.No.34, dated 21.10.2021 amending the Service Rules of Telangana Co-Operative Societies Rules, 1964, of Sub-Rule (6) of Rule 28 of TCS Rules, enhancing the age of retirement to 61 years and thereafter, the respondent No.4 has also issued a Circular Memo dated 17.11.2021, enhancing the age of superannuation from 58/60 to 61 years. The petitioners again made representation on 02.12.2021. However, there was no response from the respondent No.4 and hence the pre