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Andhra Pradesh High Court - Amravati

Asadi Srinivas vs The State Of Andhra Pradesh on 9 March, 2021

Author: M.Satyanarayana Murthy

Bench: M.Satyanarayana Murthy

  

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATK Ws
(SPECIAL ORIGINAL JURISDICTION) =.

\ ead J
TUESDAY, THE NINETH DAY OF MARCH. iB A

Le Sy rr
TWO THOUSAND AND TWENTY ONE Say ek

:-PRESENT:
THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO: 1372 OF 2021

Engineering College, Guntur, R/o D.No.2-71, Bethapudi Village 922101, Bapatla
Mandal, Guntur district, AP.

Prasadampadu, Krishna District.

3. Bapatla Educational Society, Mahatmajipuram, Bapatla-522102, Guntur District,
Andhra Pradesh, Rep by its President

4. Bapatla Engineering College, Mahatmajipuram, Bapatla-522102, Guntur District,
Andhra Pradesh, Rep by its Principal.

...Respondents

1. declaring the action of the respondents in contemplating to retire the

Commission (APHERMC), is 60 years for non-teaching staff, as illegal,
irregular, arbitrary, discrimination, un-constitutional, and violative of
fundamental rights guaranteed under Articles 14 and 16 of Constitution of
India: and .
il. Consequently declare that the intimation letter Ref No.BEC/PF/566 dated
31.12.2020 issued by the respondent No.4 on the instructions of the 3rd

iii. consequently direct the Respondents to continue the Petitioner in service
as Helper in 4" Respondent Institution til he attain the age of 60 years as
per the above mentioned regulations;

iv. and pass such other order Or orders as it deem fit, proper and necessary
in the circumstances of the case and in the interest of justice.

IA NO: 1 OF 2021 a

Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in Support of the WRIT petition, the High Court may be pleased to direct
the respondents to continue the Petitioner in service as Helper (Non-teaching Staff) until
the age of 60 years in view of Section 78A of AP Education Act 1982 and guidelines
issued by the Andhra Pradesh Higher Education Regulatory and Monitoring
Commission (APHERMC), pending disposal of WP 1372 of 2021, on the file of the High

The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and the Orders of the High Court dated 28.01.2021 & 25.02.2021

made herein and upon hearing the arguments of Sri N Bharat Babu, Advocate for the
 

ORDER:

"Interim order granted earlier by this Court is extended for a period of eight (8) weeks.

For filing counter, post after two (2) weeks." Sd/-V.Satyanarayana ASSISTANT, REGIS HTRUE COPY// SECTION OFFICER To,

1. One CC to Sri. N Bharat Babu, Advocate [OPUC]

2. Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT]

3. One spare copy.

MSB HIGH COURT MSM,J.

DATED:09/03/2021 ORDER POST AFTER TWO (2) WEEKS WP.No.1372 of 2021 EXTENSION OF INTERIM DIRECTION