Andhra Pradesh High Court
WP/12898/2025 of M.Siva Sankar, Vs The State of Andhra Pradesh on 17 September 2026
HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY, THE 18th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 12898/2025 Between: 1. M.SIVA SANKAR,, S/O M.SUBBAIAH, AGED ABOUT 60 YEARS, OCC MAN MAZDOOR, O/O DEPUTY
APHC010245422025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE 18th DAY OF SEPTEMBER 2026
PRESENT
THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY
WRIT PETITION NO: 12898/2025
Between:
1. M.SIVA SANKAR,, S/O M.SUBBAIAH, AGED ABOUT 60 YEARS, OCC MAN MAZDOOR, O/O DEPUTY EXECUTIVE ENGINEER, DAM
MAINTENANCES,
SUB-DIVISION
NO.ILL,
NSRS,
SRISAILAM PROJECT, R/O H. NO. D/447, BACK SIDE OF
SATYANARAYANA TEMPLE, SRISAILAM PROJECT, KURNOOL
DISTRICT, NOW NANDYAL DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI.
SECRETARY
TO
THE
GOVT.,
WATER
RESOURCE
DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL
CHIEF
SECRETARY,
FINANCE
(HR.IV-FR
AND
LR)
DEPARTMENT.
SECRETARIAT,
VELAGAPUDI,
GUNTUR
DISTRICT.
3. THE ENGINEER INCHIEF, WATER RESOURCE DEPARTMENT, CURRENCYNAGAR, VIJAYAWADA, NTR DISTRICT.
4. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT
NANDYAL DISTRICT.
5. THE SUPERINTENDING ENGINEER, CAMPS AND BUILDING
DIVISION, NSRS SRISAILAM PROJECT, NANDYAL, NANDYAL
DISTRICT.
6. THE EXECUTIVE ENGINEER, CAMPS AND BUILDING DIVISION, NSRS SRISAILAM PROJECT, NANDYAL, NANDYAL DISTRICT.
7. THE DEPUTY EXECUTIVE ENGINEER, C AND B SUB DIVISION- 1, CAMPS AND BUILDINGS DIVISION, NSRS SRISAILAM
PROJECT, NANDYAL, NANDYAL 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 in the nature of writ of mandamus declaring the action of the 6th Respondent in informing the petitioner that he will relieving from duty w.e.f., 31-05-2025 on attaining the age of superannuation of 60 years vide impugned notice No. EE/DMD/NSRSSP/AB/EC.11/213M, dt.02-05- 2025, as illegal, arbitrary and contrary to the law and consequently declare that the petitioner is entitled to continue in service up to the age of
years
by
setting
aside
the
impugned
notice
No
EE/DMD/NSRSSP/AB/EC.11/213M, dt.02-05-2025
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 petitioner into service as NMR MM by suspending the impugned notice No.
EE/DMD/NSRSSP/ AB/EC.11/213M, dt.02-05-2025 pending disposal of the writ petition Counsel for the Petitioner:
1. NICHENAMETLA NAGARAJU
Counsel for the Respondent(S):
1. GP FOR SERVICES I
2. GP FOR SERVICES II
The Court made the following:
WRIT PETITION No.12898 of 2025
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ORDER:
1. The present Writ Petition is filed questioning the action of Respondent-Authorities in not extending the benefit of enhanced age of superannuation (60 to 62 years) to the Petitioner as per G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022, as illegal and arbitrary.
2. The Petitioner is working as a Man Mazdoor in the office of the Deputy Executive Engineer, Dam Maintenance, Sub-Division No. III, NSRS, Srisailam Project, and has completed more than 30 years of service. It was submitted that the minimum time scale was also extended to him, and he has been discharging full-time duties as a Man Mazdoor. The grievance of the Petitioner now is that his services were disengaged on the ground that the Petitioner had attained the age of 60 years and that the benefit of the enhanced age of superannuation, i.e., from 60 to 62 years, as per G.O.Ms.No.15, Finance (HR.IV-FR&LR) Department, dated 31.01.2022, was not being extended to him. Hence, the Writ Petition came to be filed.
3. Learned counsel for the Petitioner relied on the Judgment, dated 21.07.2026 in W.P.No.12413 of 2025 and batch to support his contention.
4. Learned Assistant Government Pleader for Services does not dispute the same.
5. This Court disposed of the W.P.No.12413 of 2025 and batch, directing the State Government to examine the issue and to take a conscious decision about enhancement of age up-to 62 years to non- regular employees working for a substantial number of years in State departments and State owned/controlled entities. The relevant portion of the order reads as under:- “10. In the light of the above, the Writ petitions are disposed of with the following directions:-
(i) The State Government shall examine the issue and take a conscious decision about enhancement of age upto 62 years to non-regular employees working for a substantial number of years in State departments and State owned/controlled entities;
(ii) Till such time, the petitioners/non-regular employees in service shall be continued or till they attain the age of 62 years;
(iii) The petitioners who have retired on attaining the age of 60 years may be considered for re-engagement till 62 years in the event no alternative arrangement is made.”
6. In the light of the same, as the issue involved in the present Writ Petition is squarely covered by the order, dated 21.07.2026, passed in
W.P.No.12413 of 2025 and batch, the present Writ Petition is disposed of in terms of the said order.
7. The Registry is directed to append a copy of the order, dated 21.07.2026, passed in W.P.No.12413 of 2025 and batch, to this order.
8. No order as to costs.
9. As a sequel, miscellaneous petitions, pending if any, shall stand closed. ________________________ JUSTICE NYAPATHY VIJAY
Date: 18.09.2026 chs
WRIT PETITION No.12898 of 2025 Dated:18.09.2026
chs