STATE OF ANDHRA PRADESH Vs. M. ESWARAIAH

JUDGEMENT

(1.) Heard Sri G.V.S. Kishore Kumar, learned Government Pleader for Services-I appearing for the appellants and Sri Nagaraju Naguru, learned counsel for the respondents.

(2.) The appellants, the Department of Agriculture Co-operation (Horticulture and Sericulture) and the Department of Finance & Establishments, the State of Andhra Pradesh, are before this Court in very peculiar circumstances. The parties would be referred to as per their nomenclature in the writ petition before the learned single judge.

(3.) As is well known, the State of Andhra Pradesh underwent a bifurcation that resulted in the creation of two states, namely the State of Andhra Pradesh and the State of Telangana. This caused man-management &logistical issues, as the State of Andhra Pradesh, carved out from the districts outside of the Hyderabad region, had a shortfall of manpower and, more importantly, experienced working hands to run and streamline the administration. The Government of the truncated State of Andhra Pradesh, in order to tide over the manpower crises, issued G.O.Ms. No.104, dtd. 28/8/2015, wherein at sub- paragraphs (a) to (d) in paragraph 7, the employees who were previously employed in the services of the erstwhile State of Andhra Pradesh (including the State of Telangana) were permitted to migrate into the services of the newly created State of Andhra Pradesh and while so, granting such liberty, the State of Andhra Pradesh also deemed it necessary to increase the age of superannuation to 60 years from 58 years under the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014. This was made applicable to employees who opted for services under the State of Andhra Pradesh and also to those who were awaiting re-allocation orders to the State of AP but in the interregnum attained superannuation on completing the age of 58 years. In this regard a promise was made to them, as stipulated in Sub- Paragraph (c) of Paragraph 7 of G.O.Ms. No.104, dtd. 28/8/2015, which reads as under: