M. SARVESHWAR REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner, an Additional Superintendent of Police working as the Assistant Director, Co-ordination in the Telangana State Police Academy, Hyderabad has been provisionally allocated to the State of Telangana. He has also exercised his option to be finally allocated to the State of Telangana. The age of superannuation of all Government employees, in the erstwhile composite State of Andhra Pradesh, was 58 years in terms of Sec. 3 of the A.P. Public Employment (Regulation of Age of Superannuation) Act, 1984 (hereinafter called the "1984 Act"). On the appointed day i.e., 02.06.2014, the existing State of Andhra Pradesh was bifurcated into two States in terms of the Andhra Pradesh Re-organization Act, 2014 (hereinafter called the 2014 Central Act) i.e., the State of Telangana and the State of Andhra Pradesh. While, on its coming into being, the State of Telangana extended to its government employees the benefit of three annual grade increments, the residuary State of Andhra Pradesh extended the age of superannuation of its government employees to 60 years, amending Sec. 3 of the 1984 Act, by the A.P. Public Employment (Regulation of age of Superannuation) (Amendment) Act, 2014 (hereinafter called the 2014 State Act) which was published in the A.P. Gazette on 27.06.2014, with retrospective effect from 02.06.2014 i.e., the appointed day when the new State of Andhra Pradesh came into existence.

(2.) Exercising the powers conferred on it by Sec. 101 of the 2014 Central Act, the Government of Telangana made the Telangana Adaptation of Laws Order, 2016 which was notified in G.O.Ms. No.45 Law (F) Department, dated 01.06.2016 (hereinafter called the "Order"). This order came into force with effect from 01.06.2016. Para 5 thereof stipulates that the Acts/Regulations specified in the First Schedule thereto, including the laws made thereunder and which were in force in the whole of the State of Andhra Pradesh as on the appointed day immediately before the formation of the State of Telangana, shall, until altered, repealed or amended by the competent legislature or by any other competent authority, have effect and be in force in the State of Telangana, subject to the adaptation and modifications specified in para 5, or if it is so directed shall stand repealed. Para 5(a) stipulates that the short title of every Act/Regulation specified in Column 3 of the First Schedule, and its citation by the number and year as indicated therein, shall be amended as specified in the corresponding entry in column 4 thereof, and all references to any such law, in any other law, shall stand modified accordingly. Para 5(b) stipulates that, for the words "Andhra Pradesh" wherever they occur the word "Telangana" shall be substituted therefor, and there shall also be made in any sentence, in which the said expression or any expression cognate thereto or any grammatical variation thereof occurs, such consequential amendment as the rules of grammar may require. Para 6 stipulates that all the other laws, including those made under the adapted Acts, specified in column 4 of the Second Schedule, which were in existence as on 006.2014, but not adapted as on the date of the order, shall be deemed to have been adapted to the State of Telangana. The First Schedule to the Order contains the Acts and modifications/amendments. Serial No.96 thereunder refers to the Andhra Pradesh Public Employment (Regulation of Age of superannuation) Act, 1984, and its name stood modified, by the Order, as the Telangana Public Employment (Regulation of the Age of superannuation) Act, 1984. The adaptation made, by the Order notified in G.O. Ms. No.45 dated 01.06.2016, is only to the nomenclature of the Acts in force in the existing State of Andhra Pradesh prior to 006.2014; and for the words "Andhra Pradesh" the word "Telangana" has been substituted, and nothing more. Consequently it is the 1984 Act which would apply to the State of Telangana albeit under the name of the Telangana Public Employment (Regulation of Age of Superannuation) Act, 1984 and not as the A.P. Public Employment (Regulation of Age of Superannuation) Act, 1984.

(3.) The submission of Sri Vedula Srinivas, Learned Counsel appearing on behalf of the petitioner, is that, since the present State of Andhra Pradesh amended the 1984 Act with retrospective effect from 02.06.2014, and as the 1984 Act has been adapted by the Government of Telangana under the Order, the 1984 Act, as amended by the 2014 State Act, would apply to the State of Telangana also; and consequently all Government servants working under the State of Telangana are also entitled to be continued till they attain the age of superannuation of 60 years. Reliance is placed by him on the judgment of the Supreme Court, in State Road Transport Corporation, Jaipur Vs. Smt. Poonam Pahwa AIR 1997 SC 2951, to contend that the 2014 State Act, made by the residuary State of Andhra Pradesh after the appointed date i.e., 02.06.2014, would apply to the present State of Telangana as the 2014 State Act amended the 1984 Act with retrospective effect from 02.06.2014, AIR 1997 SC 2951 AIR 1997 SC 2951 (appointed day), and the 1984 Act has been adapted by the Government of Telangana by G.O.Ms. No.45 dated 01.06.2016. The submission, in short, is that the amendment to the 1984 Act, even though made by the A.P. State Legislature after the new State of Andhra Pradesh came into being, would apply to the State of Telangana, since adaptation of the 1984 Act, by the Order, would include adaptation of the amendments made thereto from time to time.