Andhra Pradesh High Court

WP/5410/2026 of B NAGARAJU Vs THE STATE OF AP on 24 February 2026

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HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY, THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 5410/2026 Between: 1. B NAGARAJU, S/O. SUBBA NARASIMHULU, AGED 59 YEARS, OCCPART

APHC010086892026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY,THE TWENTY FIFTH DAY OF FEBRUARY

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 5410/2026

Between:

1. B NAGARAJU, S/O. SUBBA NARASIMHULU, AGED 59

YEARS, OCCPART TIME JUNIOR LECTURER IN ET

VOCATIONAL MTS, GOVERNMENT JUNIOR COLLEGE, RAJAMPETA, ANNAMAYYA DISTRICT, ERSTWHILE YSR

KADAPA DISTRICT-516115.

...PETITIONER

AND

1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522237.

2. 2THE STATE OF ANDHRA PRADESH, , REP.BY ITS

PRINCIPAL SECRETARY, INTERMEDIATE EDUCATION, SECONDARY EDUCATION DEPARTMENT, SECRETARIAT

BUILDINGS,

VELAGAPUDI,

AMARAVATI,

GUNTUR

DISTRICT-522237.

3. THE COMMISSIONER OF INTERMEDIATE EDUCATION, GOVERNMENT OF ANDHRA PRADESH, MANGALAGIRI, GUNTUR DISTRICT-522302.

4. THE GOVERNMENT JUNIOR COLLEGE, REP. BY ITS

PRINCIPAL,

RAJAMPET,

ANNAMAYYA

DISTRICT,

ERSTWHILE YSR KADAPA DISTRICT-516115.

...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 2 to 4 directed me not attend duty 01.03.2026 onwards on attaining the age of Superannuation i.e., 60 years as on 28.02.2026 onwards, being illegal, arbitrary and violation of Article 14, 21 and 309 of the Constitution of India, contrary to the Order of this in W.P.No.31714/2022 dated 28-09- 2022 and also in contrary to G.O.Ms. No. 26 dated 19-02-2019 enhanced of the age of Superannuation from 58 years to 60 years to the NMRs/Daily Wage/Full Time/Part Time/Contingent Employees joined before the cut-off date i.e., 25-11-1993 and consequently direct the Respondents to continue me, I am under the 4th respondent (Govt.

Junior College, Rajampet, Annamayya District, erstwhile YSR

kadapa district (under Minimum Time Scale) in my Post/Subject till I

attain the age of 62 years, i.e., up to the year 2027 by setting aside the oral directions of the respondents 2 to 4 not attend duty from 01.03.2026 onwards and pass 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 pleased to directing the Respondents to continue me under the 4th respondent (Govt. Junior College Rajampet, Annamayya District, Erstwhile YSR Kadapa District, (under Minimum Time Scale) in my Post/Subject till I attain the age of 62 years, i.e., up to the year 2027, by paying monthly salary, pending disposal of the main Writ Petition and pass Counsel for the Petitioner:

1. SUBBA RAO JANDHYAM

Counsel for the Respondent(S):

1. GP FOR SERVICES III

2. GP FOR SERVICES I

The Court made the following:

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ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:- “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents 2 to 4 for directing the petitioner not to attend the duty from 01.03.2026 onwards on attaining the age of superannuation i.e 60 years as on 28.02.2026 onwards, being illegal arbitrary and pass such other order or orders.…”

2. Heard the learned counsel for the petitioner and learned Assistant Government Pleaders for Services appearing on behalf of the respondents.

3. The contention of the learned counsel for the petitioner is that the identical part-time lecturers have been continued based on the orders passed by this Court and hence, the petitioner is also entitled to continue till he attains the age of superannuation i.e 62 years.

4. Learned Government Pleader appearing on behalf of the 3rd respondent has made her submissions based on the instructions furnished by the Commissioner, Intermediate Education dated 24.02.2026. According to the said instructions though the initial writ petitions were disposed of by this Court directing the respondents to continue the identical part-time employees by applying the principles laid down in G.O. No. 15, dated 31.01.2022, the age of retirement came to be increased from “60” to “62 years” and the said order challenged before the Division Bench of this Court by way of W.A.No.770 of 2022, which was disposed of on 13.02.2024 modifying the order with the following directions: “Accordingly, the Writ Appeal is partly allowed. The order of the learned Single Judge is set-aside and liberty is reserved to the Appellants to re- engage the Respondent, if they so desire, and also other similarly situated employees even beyond the age of “60 years” subject to the conditions stipulated in G.O. No. 15, dated 31.01.2022. There shall be no order as to costs.”

5. Considering the submissions and on perusal of the judgment dated 13.02.2024, passed by the Division Bench of this Court in W.A.No.770 of 2022, this writ petition is also disposed of with the same relief as granted in the W.A.No.770 of 2022. No order as to costs.

6. Registry shall tag the copy of the judgment passed by the Division Bench of this Court in W.A.No.770 of 2022 along with the copy of the order of the present writ petition.

As a sequel, miscellaneous petitions, pending if any, shall stand closed. ____________________ JUSTICE D. RAMESH Date:25.02.2026 Gk

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 5410/2026

Date:25.02.2026 Gk.

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