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CDJ 2026 APHC 1389 print Preview print Next print
Court : High Court of Andhra Pradesh
Case No : Writ Petition No. 21351 of 2026
Judges: THE HONOURABLE MR. JUSTICE NYAPATHY VIJAY
Parties : Adigarla Satya Murthy & Another Versus The State of Andhra Pradesh, Rep. By Its Special Chief Secretary & Others
Appearing Advocates : For the Petitioner: C. Subodh, Advocate. For the Respondent: GP for Services I.
Date of Judgment : 31-07-2026
Head Note :-
Constitution of India - Article 226 -
Summary :-
1. Statutes / Acts / Rules Mentioned:
- Article 226 of the Constitution of India
- Section 151 CPC
- Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984
- Andhra Pradesh Reorganization Act, 2014
- Articles 14, 16 and 19 of the Constitution of India

2. Catch Words:
- Writ of Mandamus
- Superannuation
- Age of retirement
- Fundamental rights
- Government Order (G.O.Ms.No.45)

3. Summary:
The petition challenges the respondents’ decision to retire the petitioners at age 60 despite a government order and amendment raising the superannuation age to 62 for regular employees. The petitioners are executives of APEPDCL and invoke Articles 14, 16, and 19 of the Constitution. The respondents point to a six‑member committee constituted to examine the feasibility of the age enhancement. After hearing counsel, the Court directs the respondents to retain the petitioners in service until they reach 62 years or until the committee delivers a comprehensive decision. No costs are awarded, and any related miscellaneous petitions are to stand closed.

4. Conclusion:
Petition Allowed
Judgment :-

(Prayer: 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 declaring the action of the respondent authorities in trying to relive and retire the petitioners on 31.07.2026 on attaining the age of 60 years instead of 62 years, even after issuance of G.O.Ms.No.45, dt.02.07.2026 enhancing the age of superannuation from 60 to 62 years to the regular employees working in the public sector undertakings, corporations, societies, including in IX and X schedules of A.P. Reorganization Act, 2014 as illegal, arbitrary, violation of fundamental rights guaranteed under Articles 14, 16 and 19 of Constitution of India and consequently direct the respondents to continue the respondents in service till the petitioners attain the age of 62 years with all consequential benefit

IA NO: 1 OF 2026

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Direct the respondent authorities to continue the Petitioners in service till the Petitioners attains the age of 62 years pending disposal of the writ petition in the interest of justice.)

1. The Writ Petition is filed questioning the action of the Respondents in proposing to relieve the Petitioners on 31.07.2026, on attaining the age of 60 years instead of 62 years, as illegal and arbitrary.

2. The Petitioners are working in Executive Cadre in The Andhra Pradesh Eastern Power Distribution Corporation Ltd., (for short ‘APEPDCL’). The Government, amended the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, and enhanced the age of superannuation to 62 years to all the regular employees of the Government.

3. Subsequently, the State Government issued G.O.Ms.No.45 Fin (HR.IV-FR&LR) Department, dated 02.07.2026, enhancing the age of regular employees of entities listed in schedule IX and X of the Andhra Pradesh Reorganization Act, 2014. In the light of the above, the Petitioners seek for enhancement of age of superannuation for 62 years from 60 years.

4. Learned Standing Counsel appearing for Respondent No.3 would submit that the Respondent Authorities had constituted a Six-Member Committee on 20.07.2026 vide T.O.O (Addl.Secy-Per) Ms.No.4321, for examining the feasibility of enhancement of age of superannuation for employees of the Andhra Pradesh Power Utilities.

5. Heard the learned counsels.

6. In the light of the above, the present Writ Petition is disposed of with the following directions:

                  i) The Respondents shall continue the Petitioners till the age of 62 years or till a comprehensive decision is taken by the Committee, constituted vide T.O.O (Addl.Secy-Per) Ms No.4321, dated 20.07.2026, for enhancement of the age of superannuation from 60 to 62 years, as the case may be.

                  ii) There shall be no order as to costs.

7. As a sequel, miscellaneous petitions, if any, shall stand closed.
 
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