G. MALLAIAH Vs. ANDHRA PRADESH AGRICULTURAL UNIVERSITY, REPRESENTED BY ITS REGISTRAR, HYDERABAD AND ANOTHER

JUDGEMENT

(1.) The petitioner challenges the order passed by the 1st respondent in Memo No. 1304/Ser. V (A. 3)/90, dated 15.1.1990 directing retirement of the petitioner on attaining the age of 58 years, by praying for a writ of Mandamus declaring that the petitioner is entitled to continue in service till he attains the age of 60 years and directing the respondents to continue the petitioner in service till he attains the age of 60 years.

(2.) The petitioner was appointed in the Engineering wing of the Agricultural Department of erstwhile State of Hyderabad as Blacksmith- Helper on 12-7-1955. He was promoted as Assistant Tractor Operator in the Agricultural Department of Andhra Pradesh State. In 1966 he was transferred on deputation to the 1st respondent University and since then he has been working there as Welder. It is stated that he exercised option to be governed by the service conditions applicable to him in the Government on 29-6-1967. On 30-4-76 he exercised revised option to continue in the service of the 1st respondent University. It is stated that Rule 231 of the Hyderabad Civil Services Rules entitles him to continue in service upto 60 years of age as the Engineering Wing of Agricultural Department is an industrial establishment and the petitioner is a worker within the meaning of the said Rule. It is further stated that he is also a workman within the meaning of Act 23 of 1984 and is entitled to continue in service till he attains the age of 60 years. The impugned memo purporting to retire him on attaining the age of 58 years, it is stated, is illegal and arbitrary. On 1-3-90 the petitioner made a representation to the 1st respondent bringing all these facts to its notice and thereafter he gave another representation by way of reminder on 8-5-1990 to the 1st respondent, but the 1st respondent has not given any reply. It is in these circumstances the petitioner approached this given any reply.

(3.) The Registrar of the 1st respondent University filed counter-affidavit. The details of the posts held by the petitioner from time to time as per his service register are given as follows : <FRM>JUDGEMENT_39_LAWS(APH)9_1990.html</FRM> After the establishment of the A.P. Agricultural University the petitioner was transferred along with the institution to the 1st respondent University with effect 1-5-1967. Under sub-section (6) (b) of Sec. 43 of the A.P. Agricultural University Act the petitioner exercised option to remain in the service of the Agricultural University. Therefore, he is governed by the service regulations of the University. Regulation 33 of the said Regulations as amended from time to time, prescribes the age of retirement of an employee as 58 years. Therefore, the petitioner has to retire on attaining the age of 58 years. Hence the impugned Memo is valid. It is stated that the petitioner made a representation on 11-10-1989 stating that he was appointed as Blacksmith Helper before 1-11-1956 in the erstwhile Hyderabad Government, which is inferior service, and requested that he might be continued in service till he attains the age of 60 years as was done by the Government in case of certain employees (vide G.O. Rt. No. 996, dated 3-3-1983). It is admitted that when the age of retirement of Government employees was reduced by the State Government from 58 to 55 years, in G.O. Rt. No. 996, dated 3-3-1983, the Government issued orders permitting certain drivers appointed prior to 1-11-1956 in the former State of Hyderabad, to continue in service upto 60 years in view of the protection afforded to the employees under Proviso to Sub-section (7) of Sec. 115 of the States Reorganisation Act, 1956. It is added that the State Government have clarified in letter No. 23576/Agri. iii/90-4, dated 26-7-1990 that the Proviso to Sec. 115(7) of the States Reorganisation Act is not applicable to the petitioner as he had two promotions after 1-11-1956. For the above reasons it is prayed that the writ petition be dismissed.