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Andhra Pradesh High Court – Amravati
Shaik Babavali vs The State Of Andhra Pradesh on 20 July, 2026
Date of reserved for orders :
Date of pronouncement :
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APHC010342902025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3460]
(Special Original Jurisdiction)
MONDAY, THE 20th DAY OF JULY 2026
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 17471/2025
Between:
1. SHAIK BABAVALI,, S/O. JOHN AHMED, AGED ABOUT 60
YEARS, OCC OFFICE SUBORDINATE, R/O. D. NO. 5-60-1/5,
DEVAPURAM, LAKSHMIPURAM, GUNTUR, GUNTUR DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL
SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT,
VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE ANDHRA PRADESH STATE IRRIGATION AND
DEVELOPMENT CORPORATION APSIDC, REP. BY ITS
MANAGING DIRECTOR, MARGADARSI COMPLEX, OPP.
ANDHRA HOSPITAL, GOVERNERPET VIJAYAWADA
3. THE SUPERINTENDING ENGINEER, ANDHRA PRADESH STATE
IRRIGATION AND DEVELOPMENT CORPORATION (APSIDC)
MUTHYALA REDDY NAGAR, 6TH LANE AMARAVATHI ROAD,
GUNTUR, GUNTUR DISTRICT.
4. THE EXECUTIVE ENGINEER, ANDHRA PRADESH STATE
IRRIGATION AND DEVELOPMENT CORPORATION (APSIDC)
BENZ CIRCLE, VIJAYAWADA, NTR DISTRICT.
5. THE DEPUTY EXECUTIVE ENGINEER, ANDHRA PRADESH
STATE IRRIGATION AND DEVELOPMENT CORPORATION
(APSIDC) NANDIGAMA SUB-DIVISION, NANDIGAMA, NTR
2
DISTRICT.
...RESPONDENT(S):
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 topleased to issue a writ. Order or direction more
particularly one in the nature of Writ of Mandamus declaring the action of
the Respondents in not extending the benefit of age of superannuation up
to 62 years in terms of G.O.Ms.No.15 Finance (HR.IV- FR and LR)
Department dated.31.01.2022. G.O.Ms.No.138 dated.08.08.20 17 and
judgment of Hon'ble Apex Court in SLP No. 14033-14034 of 2017 dated.
05.05.2017 is highly illegal, arbitrary, unjust, improper, and in violation of
principles of natural justice and in contravention of Article 14, 16 and 21 of
the Constitution of India and also contrary to the Service Rules, and
consequently direct the Respondents to continue the service of the
Petitioner till up to age of 62 years with all consequential benefits by
extending the same benefit that was extened to the employees in
G.O.Ms.No.15 Finance (HR.IV-FR and LR) Department dated.31.01.2022,
G.O.Ms.No.138 dated.08.08.2017 and judgment of Hon'ble Apex Court in
SLP No. 14033-14034 of 2017 dated. 05.05.2017
IA NO: 1 OF 2025
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 pleased to direct the Respondents to continue the service of the
Petitioner till up to age of 62 years with all consequential benefit by
extending the same benefits that was extened to the employees in terms
G.O.Ms.No.15 Finance (HR.IV-FR&LR) Department dated.31.01.2022,
G.O.Ms.No.138 dated.08.08.2017 and judgment of Hon'ble Apex Court in
SLP No. 14033- 14034 of 2017 dated. 05.05.2017 forthwith pending
disposal of the above writ petition
Counsel for the Petitioner:
1. SHAIK MEERAVALI
Counsel for the Respondent(S):
1. GP FOR SERVICES II
2. MALLIPUDI DHANA RAJU SC for APIDC Ltd.
3
WRIT PETITION NO: 17859/2025
Between:
1. SMT GUTTA VANI TULASI, AGE 60 YEARS, W/O. KOTHA
PRABHAKARRAO, OCCUPATION WORK INSPECTOR, GR-LL,
ANDHRA PRADESH HOUSING BOARD, VIJAYAWADA DIVISION,
R/O.HIG 136, APHB COLONY, BHAVANIPURAM, VIJAYAWADA,
ANDHRA PRADESH -520012
...PETITIONER
AND
1. ANDHRA PRADESH HOUSIMG BOARD, DOOR NO.521,
PRASADAMPADU, VIJAYAWADA REP BY ITS VICE CHAIRMAN
AND HOUSING COMMISSIONER.
2. THE VICECHAIRMAN AND HOUSING COMMISSIONER, ANDHRA
PRADESH HOUSING BOARD, DOOR NO.521, PRASADAMPADU,
VIJAYAWADA.
3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY DEPARTMENT OF FINANCE (HR.IV-FR LR)
SECRETARIAT, VELAGAPUDI, AMARAVATI
4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY FOR MUNICIPAL ADMINISTRATION AND URBAN
DEVELOPMENT, URBAN HOUSING, SECRETARIAT,
VELAGAPUDI, AMARAVATI.
5. THE EXECUTIVE ENGINEER HOUSING, ANDHRA PRADESH
HOUSING BOARD, BHAVANIPURAM, VIJAYAWADA, ANDHRA
PRADESH -520012.
...RESPONDENT(S):
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 topleased to issue a writ order or direction more
particularly the one in the nature of writ of Mandamus declaring the
inaction on the part of respondents in enhancing the age of
superannuation from 60 years to 62 years for the employees working in
2ND respondent Organisation in terms of G.O.Ms No.15 dated
31.01.2022 issued by the 1st respondent, the subsequent Memo. No. AP
Ordinance 01/B6/APHB/2022 dated 27-09-2022 issued by the
Respondent No.2 and the clarification given by Respondent No.3 vide Cir.
Memo. NO.1813129/FIN01-HR/212/2022-HR-IV dated 23-09- 2022 which
4
starts with a non obstante clause which doesnt synchronize with G.O.Ms.
No.15 dated 31-01-2022 or the Andhra Pradesh Ordinance No.1 of 2022
dated 31-01-2022, an ordinance which was issued to amend the Andhra
Pradesh Public Employment (Regulation of Age of Superannuation) Act,
1984 as arbitrary, self-contradictory and is violative of Articles 14, 16, 21
and 23 of the Constitution of India and consequently direct the
respondents to enhance the age of superannuation of the petitioner from
60 years to 62 years on par with the Government employees in terms of
G.O.Ms No.15 dt 31.01.2022 issued by the 1st respondent, without any
break in service, with full back wages, all allowances and with all
consequential benefits and to pass s
IA NO: 1 OF 2025
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 pleased to suspend the retirement proceedings Proc.
No.05/W.C.Estt/Retirement/EE-VJA/2025/890 Dated 11.06.2025 and
direct the Respondents to continue the Petitioner in service with the same
conditions of service and all attendant benefits up to 62 years on par with
the other employees of the Andhra Pradesh Housing Board in the interest
of justice, pending disposal of the Writ Petition and pass
Counsel for the Petitioner:
1. BALA MURALI KRISHNA P
Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. Y V SRINIVASAN(SC FOR AP HOUSING BOARD)
WRIT PETITION NO: 24107/2025
Between:
1. PUTHALAPATTU VENKATAMUNI, AGE 60 YEARS, S/O.(LATE)
SRI.PUTHALAPATTUVENKATASWAMY, OCCUPATION DEPUTY
EXECUTIVE ENGINEER, ANDHRA PRADESH HOUSING BOARD,
VIJAYAWADA DIVISION, R/O. FLAT NO.503, SRIMANI TOWERS,
LAKSHMIPURAM, TIRUPATI (URBAN), CHITTOOR, ANDHRA
PRADESH- PIN517 501
...PETITIONER
AND
5
1. ANDHRA PRADESH HOUSING BOARD, DOOR NO.521,
PRASADAMPADU, VIJAYAWADA REP BY ITS VICE CHAIRMAN
AND HOUSING COMMISSIONER, NTR DISTRICT.
2. THE VICECHAIRMAN AND HOUSING COMMISSIONER, ,
ANDHRA PRADESH HOUSING BOARD, DOOR NO.521,
PRASADAMPADU, VIJAYAWADA, NTR DISTRICT.
3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY DEPARTMENT OF FINANCE (HR.IV-FR AND LR)
SECRETARIAT, VELAGAPUDI, AMARAVATI
4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY FOR MUNICIPAL ADMINISTRATION AND URBAN
DEVELOPMENT, URBAN HOUSING, SECRETARIAT,
VELAGAPUDI, AMARAVATI.
5. THE EXECUTIVE ENGINEER HOUSING, ANDHRA PRADESH
HOUSING BOARD, APHB COLONY,KALLUR PALLI, NELLORE
DISTRICT, ANDHRA PRADESH -524003.
6. THE MANAGING DIRECTOR, ANDHRA PRADESH TOWNSHIP
AND INFRASTRUCTURE DEVELOPMENT CORPORATION
LIMITED (APTIDCO), 4TH FLOOR, PN BUS STAND, APTIDCO
ADMINISTRATIVE BLOCK, VIJAYAWADA-520013, NTR
DISTRICT, ANDHRA PRADESH
...RESPONDENT(S):
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 topleased to issue a writ order or direction more
particularly the one in the nature of writ of Mandamus declaring the
inaction on the part of respondents in enhancing the age of
superannuation from 60 years to 62 years for the employees working in
2ND respondent Organisation in terms of G.O.Ms No.15 dated
31.01.2022 issued by the 1st respondent, the subsequent Memo. No. AP
Ordinance 01/B6/APHB/2022 dated 27-09-2022 issued by the
Respondent No.2 and the clarification given by Respondent No.3 vide Cir.
Memo. NO.1813129/FIN01-HR/212/2022-HR-IV dated 23-09- 2022 which
starts with a non obstante clause which doesnt synchronize with G.O.Ms.
No.15 dated 31-01-2022 or the Andhra Pradesh Ordinance No.1 of 2022
dated 31-01-2022, an ordinance which was issued to amend the Andhra
Pradesh Public Employment (Regulation of Age of Superannuation) Act,
1984 as arbitrary, self-contradictory and is violative of Articles 14, 16, 21
and 23 of the Constitution of India and consequently direct the
6
respondents to enhance the age of superannuation of the petitioner from
60 years to 62 years on par with the Government employees in terms of
G.O.Ms No.15 dt 31.01.2022 issued by the 1st respondent, without any
break in service, with full back wages, all allowances and with all
consequential benefits and to pass
IA NO: 1 OF 2025
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 pleased to suspend the retirement proceedings issued
videCircular. No.10812/Estt/B5/2000/20 Dated 21.01.2025 and direct the
Respondents to continue the Petitioner in service with the same
conditions of service and all attendant benefits up to 62 years on par with
the other employees of the Andhra Pradesh Housing Board in the interest
of justice, pending disposal of the Writ Petition and pass
Counsel for the Petitioner:
1. BALA MURALI KRISHNA P
Counsel for the Respondent(S):
1. PADMAJA GADIRAJU(SC FOR APTIDCO)
2. GP FOR SERVICES I
WRIT PETITION NO: 33781/2025
Between:
1. RAYADURGAM VENKATA RAMANA, AGE 60 YEARS,
S/O.SRI.RAYADURGAM AKKULAPPA, OCCUPATION WORK
INSPECTOR GRADE-ILL, ANDHRA PRADESH HOUSING
BOARD, KURNOOL DIVISION, R/O.D.NO.28-6-104, A.P.
HOUSING BOARD COLONY, LIG-1 404 PHASE-1, ANANTAPUR,
ANANTHAPURAMU, ANDHRA PRADESH- PIN 515 001.
...PETITIONER
AND
1. ANDHRA PRADESH HOUSING BOARD, DOOR NO.521,
PRASADAMPADU, VIJAYAWADA REP BY ITS VICE CHAIRMAN
AND HOUSING COMMISSIONER.
2. THE VICECHAIRMAN AND HOUSING COMMISSIONER ANDHRA
PRADESH HOUSING BOARD, DOOR NO.521, PRASADAMPADU,
7
VIJAYAWADA.
3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY DEPARTMENT OF FINANCE (HR.IV-FR AND LR)
SECRETARIAT, VELAGAPUDI, AMARAVATI
4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY FOR MUNICIPAL ADMINISTRATION AND URBAN
DEVELOPMENT, URBAN HOUSING, SECRETARIAT,
VELAGAPUDI, AMARAVATI.
5. THE EXECUTIVE ENGINEER HOUSING, ANDHRA PRADESH
HOUSING BOARD, D.NO.80/131-92-2, KURNOOL, ANDHRA
PRADESH-518002.
...RESPONDENT(S):
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 topleased to issue a writ order or direction more
particularly the one in the nature of writ of Mandamus declaring the
inaction on the part of respondents in enhancing the age of
superannuation from 60 years to 62 years for the employees working in
2ND respondent Organisation in terms of G.O.Ms No.15 dated
31.01.2022 issued by the 1st respondent, the subsequent Memo. No. AP
Ordinance 01/B6/APHB/2022 dated 27-09-2022 issued by the
Respondent No.2 and the clarification given by Respondent No.3 vide Cir.
Memo. NO.1813129/FIN01-HR/212/2022-HR-IV dated 23-09-2022 which
starts with a non obstante clause which doesn't synchronize with G.O.Ms.
No.15 dated 31-01-2022 or the Andhra Pradesh Ordinance No.1 of 2022
dated 31-01-2022, an ordinance which was issued to amend the Andhra
Pradesh Public Employment (Regulation of Age of Superannuation) Act,
1984 as arbitrary, self contradictory and is violative of Articles 14, 16, 21
and 23 of the Constitution of India and consequently direct the
respondents to enhance the age of superannuation of the petitioner from
60 years to 62 years on par with the Government employees in terms of
G.O.Ms No.15 dt 31.01.2022 issued by the 1st respondent, without any
break in service, with full back wages, all allowances and with all
consequential benefits and to pass
IA NO: 1 OF 2025
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 pleased to suspend the retirement proceedings issued vide
Procs. No.WC Estt/Retirement/EE(H)/APHB/KNL/2025/822 dated
8
21.11.2025 and direct the Respondents to continue the Petitioner in
service with the same conditions of service and all attendant benefits up
to 62 years on par with the other employees of the Andhra Pradesh
Housing Board pending disposal of the Writ Petition and pass
Counsel for the Petitioner:
1. BALA MURALI KRISHNA P
Counsel for the Respondent(S):
GP FOR SERVICES I
Y V SRINIVASAN(SC FOR AP HOUSING BOARD)
WRIT PETITION NO: 15681/2026
Between:
1. DURU NARASIMHA MURTHY, S/O.LINGAMMA AGED
ABOUT 60 YEARS, OCC CHIEF ENGINEER R/0.H.N0.15-
86/B, MAIN ROAD, PADERU VISAKHAPATNAM DISTRICT,
A.P.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS
PRINCIPAL SECRETARY FINANCE DEPARTMENT
(HR.IV.FR AND LR) A.P.SECRETARIAT, VELAGAPUDI,
AMARAVATHI, GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS
PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION
AND URBAN DEVELOPMENT, URBAN HOUSING
DEPARTMENT. A.P.SECRETARIAT, VELAGAPUDI,
AMARAVATHI, GUNTUR DISTRICT.
3. THE ANDHRA PRADESH HOUSING BROAD, REP. BY ITS
VICE CHAIRMAN AND HOUSING COMMISSIONER DOOR
NO.521, PRASADAM PADU VIJAYAWADA, NTR DISTRICT,
A.P.
4. THE VICE CHAIRMAN AND HOUSING COMMISSIONER, THE
ANDHRA PRADESH HOUSING BROAD DOOR NO.521,
9
PRASADAM PADU VIJAYAWADA, NTR DISTRICT, A.P.
...RESPONDENT(S):
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 tomay 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 Respondents in not extending
the age of superannuation of the petitioner from 60 to 62 years to the
employees of the 3rd respondents organization by issuing the letter
dt.25.02.2026 asking the petitioner to retire from service as illegal,
arbitrary. unconstitutional and contrary to the Article 14, 16, 21 and
23 of Constitution of India and consequently direct the Respondents
to continue the petitioner is service upto the age of 62 years by
declaring the Memo No.APOrdinance 01/B6/APHB/2022,
dt.27.01.2022 and Cir.Memo No.l813129/FIN01-HR/212/2022-IV,
dt.23.09.2022 and to grant all service benefits without break in
service, arrears etc, and to pass such
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 may be pleased to direct the respondents
to continue the petitioner in service by enhancing the age of
superannuation from 60 years to 62 years on par with the
Government Employees in term of G.O.Ms.No.15, dt31.01.2022
issued by the 1st respondent, pending disposal of the above writ
petition and pass such
Counsel for the Petitioner:
1. GOWRI SHANKAR D
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
Whether the order is :
Speaking Yes/No / Reasoned Yes/No
Reportable Yes/No / Non-Reportable Yes/No
10
HON'BLE SRI JUSTICE NYAPATHY VIJAY
W.P.Nos.17471, 17859,24107,33781 of 2025
and 15681 of 2026
COMMON ORDER :
These Writ Petitions are filed seeking for enhancing the age of
superannuation from 60 years to 62 years from the employees
SPONSORED
working in different Corporations in terms of G.O.Ms.No.15, Finance
(HR.IV-FR&LR) Department, dated 31.01.2022 issued by
Respondent-State.
2. Petitioners are working in Andhra Pradesh Housing Board and
Andhra Pradesh State Irrigation and Development Corporation and
seek enhancement of the age of retirement on par with the State
Government employees. Reliance was placed on Section 16 of the
Andhra Pradesh Housing Board Act, 1956 which provides for service
conditions of the employees of the Housing Board at par with the
State Government employees.
3. Subsequent to the filing of these Writ Petitions, the State
Government had issued G.O.Ms.No.45, Finance (HR.IV-FR & LR)
Department, dated 02.05.2026 extending the benefit of
enhancement of age of superannuation from 60 to 62 years for
regular employees of PSUs, Corporations and Societies included
11
under Schedules IX and X of the Andhra Pradesh Reorganization
Act, 2014 retrospectively with effect from 01.01.2022 with certain
conditions. Paragraph No.4 of the said G.O., is extracted below;
“4. Under these circumstances, Government has reviewed and
examined the legal implications, financial burden on state
exchequer and administrative considerations in the said
organizations. After careful examination of all issues involved,
hereby accord in principle approval for enhancement of age of
superannuation from 60 to 62 years for regular employees of
PSUs, Corporations and Societies included under Schedules IX
and X of the Andhra Pradesh Reorganization Act-2014
retrospectively with effect from 01-01-2022 subject to the
following:
(i) Employees who retired on attaining 60 years shall be
re-inducted/continued up to 62 years, wherever applicable.
(ii) Necessary amendments to service rules shall be carried out
by the institutions/societies/corporations, as applicable.”
4. In view of the same, the Writ Petitions are allowed and the
Petitioners shall be continued in service in terms of G.O.Ms.No.45,
dated 02.05.2026. No order as to costs.
As a sequel, pending applications, if any shall stand closed.
__________________
NYAPATHY VIJAY, J
Date: 20.07.2026
KLP
