Andhra Pradesh High Court - Amravati
Asadi Srinivas vs The State Of Andhra Pradesh on 25 February, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA VATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE af 'PRESENT: THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY \ ' WRIT PETITION NO: 1372 OF 2021 Ay Se Between: . a Asadi Srinivas, S/o Koti Reddy, aged about 57 years, working as Helper, Bafta: Engineering College, Guntur, R/o D.No.2-71, Bethapudi Village 522101, Bapatla Mandal, Guntur district, AP. . .. Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Education Department, Secretariat buildings, Velagapudi, Guntur District, A.P. 2. The Commissioner, State Board of Technical Education & Training, ANR Towers, 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 WHEREAS the Petitioner above named through his Advocate Sri N Bharat Babu presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, i. declaring the action of the respondents in contemplating to retire the petitioner on attaining 58 years of age, though the age of superannuation fixed under Section 78A of AP Education Act 1982 and regulations issued by the Andhra Pradesh Higher Education Regulatory and Monitoring 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 ii. 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 respondent intimating that the petitioner would be retired from service on 31.1.2021 on completion of 58 years of age, as illegal iii. consequently direct the Respondents to continue the Petitioner in service as Helper in 4" Respondent Institution till 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. 1A NO: 1 OF 2021 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 Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the Order of the High Court dated 28.01.2021 made herein and upon hearing the arguments of Sri N Bharat Babu, Advocate for the Petitioner and of GP for Education takes notice for Respondent Nos.1 & 2, the Court made the following. ORDER:
To, mDwn> "Notice served and proof of service is filed. Service is held sufficient on Respondent Nos.3 & 4. Post on 04.03.2021.
Interim order granted earlier by this Court shall continue till 04.03.2021." -- :
BL Sd/-M.RameshBabu / -- ITTRUE COPY! RsseTag ssmrnas SECTION OFFICER _ One CC to Sri. N Bharat Babu, Advocate [OPUC] Two CCs to GP for Education, High Court of Andhra Pradesh. [OUT] One spare copy. ~~ HIGH COURT MSM,J DATED:25/02/2021 ORDER POST ON 04.03.2021 WP.No.1372 of 2021 EXTENSION OF INTERIM DIRECTION nce & KOR MOH cen