Andhra Pradesh High Court - Amravati
B. Someswara Rao vs The State Of Ap, on 4 March, 2020
Author: T. Rajani
Bench: T. Rajani
SMT JUSTICE T. RAJANI
WRIT PETIION No.5052 OF 2020
ORDER:
This writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of the respondents in not extending the benefit of age of superannuation from 58 years to 60 years to the petitioner, as highly illegal.
2. Heard the counsel for the petitioner and the Government Pleader for Education appearing for the respondents.
3. The counsel for the petitioner submits that one of the similarly situated employee approached the Andhra Pradesh Administrative Tribunal at Hyderabad by filing O.A.No.800 of 2019, seeking for enhancement of the age of superannuation till 60 years, and the Tribunal by virtue of the interim order dated 16.5.2019 directed the respondents to continue the applicant till he attains the age of 60 years. Since the said order is not implemented, the applicant therein filed Writ Petition No.11163 of 2019 and a Division Bench of this Court by virtue of the order dated 12.9.2019, directed the respondents to implement the order of the Tribunal. The counsel for the petitioner also submits that the 1st respondent by Memo dated 13.2.2019 stated that it is the 2nd respondent, who has to continue the Contract Faculty / Part-Time Junior 2 Lecturers, based on their requirement and as per their performance beyond 58 years.
4. Hence, in view of the above, this Court deems it fit to direct the respondents to consider the case of the petitioner in terms of the order in Writ Petition No.11163 of 2019, dated 12.9.2019, and pass appropriate orders within a period of six weeks from the date of receipt of a copy of this order, keeping in view the Memo dated 13.2.2019 issued by the 1st respondent. Till then, the 4th respondent shall not remove the petitioner from service and shall continue him in service.
5. The writ petition, with the above direction, is disposed of. As a sequel, pending miscellaneous petitions shall stand closed.
_____________ T. RAJANI, J March 04, 2020.
YS