Andhra Pradesh High Court - Amravati
Ogirala Bhaskara Rao vs The State Of Andhra Pradesh And Others on 9 August, 2024
APHC010229862024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
FRIDAY, THE NINTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION Nos.11700, 11705, 12703, 12727, 12815, 13070, 13073,
13074, 13194, 13236, 13471, 13472, 13476, 13477, 13481, 13508, 13543,
15845, 15850, 15936, 16080, 16082, 16411, 16561, 16672, 17445, 17471,
17473, 17474, 17476, 17478, 17480 & 17481 of 2024 and
8742, 12148, 12184, 12418, 15368, 15420, 15439, 15938 &
15942 of 2023
WRIT PETITION NO: 11700/2024
Between:
Ogirala Bhaskara Rao ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES IV
3. GP FOR SERVICES I
4. GP FOR HOUSING
WRIT PETITION NO: 11705/2024
Between:
Md Khaja Mohiddin ...PETITIONER
2
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES IV
3. GP FOR SERVICES I
WRIT PETITION NO: 12703/2024
Between:
A Rama Govinda Reddy and Others ...PETITIONER(S)
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES I
WRIT PETITION NO: 12727/2024
Between:
U Gandhi and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. HANUMANTHA RAO BACHINA
3
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES I
WRIT PETITION NO: 12815/2024
Between:
K. Naga Srinivasa Rao, and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES I
WRIT PETITION NO: 13070/2024
Between:
P Ahamad Basha ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. V SAI KUMAR
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES IV
3. GP FOR SERVICES I
4
WRIT PETITION NO: 13073/2024
Between:
Dadi Rama Mohan ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. A VARALAKSHMI
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES IV
3. GP FOR SERVICES I
WRIT PETITION NO: 13074/2024
Between:
Akkiraju Nagaraju ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. A VARALAKSHMI
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES IV
3. GP FOR SERVICES I
WRIT PETITION NO: 13194/2024
Between:
M.nagaraju and Others ...PETITIONER(S)
AND
5
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES IV
3. GP FOR SERVICES I
WRIT PETITION NO: 13236/2024
Between:
B.R.R.V. Prasad, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. V SAI KUMAR
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
WRIT PETITION NO: 13471/2024
Between:
Adusumilli Srinivasa Rao ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. GP FOR SERVICES I
6
WRIT PETITION NO: 13472/2024
Between:
Nagabhirava Murali ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 13476/2024
Between:
Srikakulapu Satyanarayana and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
WRIT PETITION NO: 13477/2024
Between:
Merupula Venkata Ramana, and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
7
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 13481/2024
Between:
Shaik Shameer Basha, and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 13508/2024
Between:
Syed Sirajullah ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. V PADMANABHA RAO
Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. GP FOR SERVICES II
WRIT PETITION NO: 13543/2024
Between:
R. Venu Gopal Rao ...PETITIONER
8
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
3. GP FOR SERVICES II
WRIT PETITION NO: 15845/2024
Between:
D K Chandrasekhara Babu, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. V SAI KUMAR
Counsel for the Respondent(S):
1. GP FOR SERVICES I
2.
WRIT PETITION NO: 15850/2024
Between:
N Mallikarjuna Rao ...PETITIONER
AND
The State Of AP and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. V SAI KUMAR
Counsel for the Respondent(S):
9
1. GP FOR SERVICES I
WRIT PETITION NO: 15936/2024
Between:
H. Venkata Subba Rao, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. V. SAI KUMAR
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 16080/2024
Between:
V.V.S.S Subhadra Rani ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. A VARALAKSHMI
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 16082/2024
Between:
K. Srinivasa Rao, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. A VARALAKSHMI
Counsel for the Respondent(S):
10
1. GP FOR SERVICES I
WRIT PETITION NO: 16411/2024
Between:
Naidu Annapurna ...PETITIONER
AND
The State Of AP and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 16561/2024
Between:
Mr. Srirangapu Panduranga Reddy ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 16672/2024
Between:
Mr. T.C.Farooq and Others ...PETITIONER(S)
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
11
1. GP FOR SERVICES I
WRIT PETITION NO: 17445/2024
Between:
U. Venkata Saroja ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. KARNAM RAMESH
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 17471/2024
Between:
P. Sree Ramulu ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 17473/2024
Between:
Akula Satyanarayana ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
12
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
WRIT PETITION NO: 17474/2024
Between:
Ganivada Chandra Sekhara Mallu Naidu ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 17476/2024
Between:
Pandruvada Surya Prakash ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 17478/2024
Between:
Ganti Parasuram ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
13
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
WRIT PETITION NO: 17480/2024
Between:
Datti Simhachalam ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
WRIT PETITION NO: 17481/2024
Between:
Datla Rama Krishnmraju ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. GP FOR SERVICES I
WRIT PETITION NO: 8742/2023
Between:
Chadalawada Adinarayanaiah and Others ...PETITIONER(S)
AND
14
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. GP FOR SERVICES IV
2. GP FOR SERVICES I
WRIT PETITION NO: 12148/2023
Between:
Bonu Suryanarayana ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES I
WRIT PETITION NO: 12184/2023
Between:
V Umamaheswara Reddy ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES I
WRIT PETITION NO: 12418/2023
15
Between:
Nekkanti Satya Koteswara Rao and Others ...PETITIONER(S)
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR FINANCE PLANNING
3. GP FOR SERVICES I
WRIT PETITION NO: 15368/2023
Between:
Puthalapattu Jayachandra Reddy ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. HANUMANTHA RAO BACHINA
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES I
WRIT PETITION NO: 15420/2023
Between:
Panakanapalle Aswartha Reddy ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
16
1. B RAGHAVA REDDY
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES I
WRIT PETITION NO: 15439/2023
Between:
Gsv Satyanarayana Raju ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SRINIVASA RAO MADIRAJU
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES I
WRIT PETITION NO: 15938/2023
Between:
Ch Srinivasa Rao ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SRINIVASA RAO MADIRAJU
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES I
WRIT PETITION NO: 15942/2023
Between:
17
V V S Sidhanthi ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SRINIVASA RAO MADIRAJU
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR SERVICES I
COMMON ORDER:
Heard Sri Chandraiah Naidu, learned counsel appearing for Sri B.Hanumantha Rao, Sri Sai Harsha, learned counsel representing Sri B. Raghava Reddy, and Sri Sainadh, learned counsel representing Sri Sai Kumar and Smt.A.Varalakshmi, learned counsels for the petitioners and learned Assistant Government Pleader for Services and learned Sri Sazid, learned counsel representing Sri E.V.Jagannadha Rao, learned Standing Counsel for A.P State Housing Corporation Ltd.
2. Since the issue involved in the Writ Petitions is one and the same, this Court is inclined to pass common order.
3. Petitioners, the employees of A.P Housing Board Corporation Ltd., filed these writ petitions for not extending the age of superannuation from 60 years to 62 years, in terms of G.O.Ms.No.15 Finance (HR.IV-FR&LR) Department 18 dated 31.01.2022, despite the resolution passed by the Board of Directors in 27th Board meeting dated 22.03.2022 as illegal, arbitrary and etc.
4. Learned counsel for the petitioners would submit that age of superannuation to the Government employees was extended by amending A.P Public employment (Regulation of Age of Superannuation) Act., 1984 dated 19.08.2022 vide G.O.Ms.No.15 dated 31.01.2022 from 60 years to 62 years. In pursuance of said G.O, the board of directors of the 3rd respondent passed resolution on 22.03.2022 enhancing the age of superannuation to its employees from 60 years to 62 years. The said proposal was forwarded to the Government. Pending the decision by the Government, since the employees attained 60 years and proceedings were issued qua superannuation, these writ petitions are filed.
5. The learned counsel for the petitioners would submit that in Writ Petition No.8742 of 2023 interim order was passed by this Court directing the respondent authorities to continue the employee till the age of 62 years. By virtue of the interim order, the employee therein has been continuing and vacate stay petition was filed vide I.A No.2 of 2023. The learned counsel for the petitioners would further submit that retiring the employees without extending the age of superannuation is illegal and erroneous. He also would submit that age of superannuation has been extended to the employees in Government service keeping in view the experience and expertise of senior employees and considering the increased life expectancy. They also would 19 submit that the action of the 3rd respondent in not extending is unjust, arbitrary and illegal.
6. The matters are adjourned from time to time to get instructions. Today, the learned Government Pleader for Services-I and the learned Standing Counsel appearing for the Corporation submitted a copy of the proceedings of Special Chief Secretary to Government vide letter No.1699176/VC.A2/2022-2 dated 18.07.2024. A perusal of the said letter would indicate that the proposal of the Managing Director, APSHCL, in pursuance of the board resolution for extension of enhancing of superannuation from 60 years to 62 years to its employees was rejected. Copies of the proceedings are handed over to the learned counsels for the petitioners.
7. This Court has perused the proceedings vide letter No.1692/22-2 dated 18.07.2024. Para 6 of the proceedings relevant is extracted herewith:
".....Government in exercise of powers conferred under Rule 6, Chapter-I of A.P.S.H.C.L. Service Rules, 1998, issued vide G.O.Ms.No.33, Housing (RH) Department dated 26.05.1998, the proposal of the Managing Director, A.S.H.C.L. for extension of „enhancement of age of superannuation from 60 years to 62 years‟ to employees of A.P. State Housing Corporation based on the resolution passed by the Board of A.P.S.H.C.L. during the 27th Board of Directors Meeting held on 22.03.2022, is hereby rejected...."20
8. At this juncture, learned counsels appearing for the petitioners sought leave to challenge the said proceedings issued by Spl. Chief Secretary to Government, referred to supra. Thus, without going into merits of the matter, in view of the subsequent developments and since the cause in the writ petitions does not survive for adjudication, all the writ petitions are closed, giving liberty to the petitioners to challenge the proceedings of the Spl. Chief Secretary to the Government vide Lr.No.1699176/VC.A2/2022-2 dated 18.07.2024.
Interim orders granted earlier in the above writ petitions, if any, shall stand vacated. No costs.
As a sequel, all pending applications shall stand closed.
___________________________ JUSTICE SUBBA REDDY SATTI GVK 21 177 THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION Nos. 11700, 11705, 12703, 12727, 12815, 13070, 13073, 13074, 13194, 13236, 13471, 13472, 13476, 13477, 13481, 13508, 13543, 15845, 15850, 15936, 16080, 16082, 16411, 16561, 16672, 17445, 17471, 17473, 17474, 17476, 17478, 17480 & 17481 of 2024 and 8742, 12148, 12184, 12418, 15368, 15420, 15439, 15938 & 15942 of 2023 Date: 09.08.2024 GVK