B. PEDDANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of mandamus by declaring that the petitioner is entitled to retire on his attaining the age of 62 years and further to direct the respondents to extend the service of petitioner up to the age of 62 years by continuing his service in consonance with G.O.Ms.No.15 Finance (HR.IV.FR & LR) Department, dtd. 31/1/2022 on par with the Government Employees and pass such other orders.

(2.) Heard Sri N. Madhava Rao, learned counsel appearing for the petitioner and Sri Ravi Teja Padiri, learned counsel and learned Government Pleader for Panchayat Raj and Rural Development appearing for the respondents.

(3.) The facts of the case are that the petitioner was appointed as Watchman in the year 1984 in District Rural Development Agency, Ananthapuram District. Thereafter, he promoted as Attender in the year 1994, and he is continuing in the same post till now. While he was working in the said post the 4th respondent issued proceedings vide No.54/G/2020, dtd. 6/4/2022 through which he was initiated to retire on 31/5/2022 from his service. While the matter stood thus the Government of Andhra Pradesh took a decision to enhance the age of superannuation of the Employees working under the Government. As per the said decision the Government issued G.O.Ms.No.15 dtd. 31/1/2022, wherein enhanced the age of superannuation of Government Employees from 60 years to 2 years as per the A.P. Public Employment (Regulation of Age of Superannuation) (Amendment) Ordinance, 2022 (for short "A.P.(Amendment) Ordinance, 2022") and accordingly an amendment has been issued to that extent. The said amendment came into force on 1/1/2022 and all the Government Employees were allowed to work, even though they crossed 60 years of age in view of the above said amendment. In similar circumstances, when the Government of Andhra Pradesh enhanced the age of superannuation in the year 2014 from 58 years to 60 years, at that point of time, the employees working in the District Rural Development Agencies were asked to retire and they approached this Court by way of filing W P No.21304 of 2017 and this Court allowed the said writ petition by declaring that the employees working in District Rural Development Agencies are entitled to be continued in their service as per Regulation No.12 of Model Service Regulations till they attain the age of superannuation on par with the Government employees. Even though the petitioner is entitled and eligible to be continued in his service till attains the age of 62 years as per the Regulation No.12 of Model Service Regulations, which were issued through G.O.Ms.No.135 dtd. 8/3/1991 and as per the order of this Court in WP No.21304 of 10Rs. 7 the respondents without considering the said legal aspect, illegally issued the proceedings. Hence, the present writ petition.