IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE A.GOPAL REDDY and THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR WRIT APPEAL NO : 1457 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 31/10/2008 in WP No. 23863 OF 2008 on the file of the High Court.) Between: 1 Koneru Lakshmaiah College of Engineering, Rep. by its Chairman, Administrative Office, Museum Road, Vijaywada -2. 2 Koneru Lakshmaiah College of Engineering, Rep. by its Principal, Vaddeswaram, Guntur District. ..... APPELLANTS AND 1 The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Higher Education, Secretariat Buildings, Secretariat, Hyderabad. 2 The Commissioner & Director of Technical Education, Government of Andhra Pradesh, BRKR Building,Tank Bund, Hyderabad. 3 Nagarjuna University rep by its Registrar, Nagarujuna Nagar - 522 510, Guntur District. 4 All India Council for Technical Education, Rep by its Chairman, Indira Gandhi Sports Complex,Indraprastha Estate, New Dehli. 5 Goli Sivarama Murthy, S/o. Nagaiah, Koneru Lakshmaiah College of Engineering, R/o. Tadepalli, Guntur District. .....RESPONDENTS Counsel for the Appellants: MR.M.SUDHIR KUMAR Counsel for the Respondent No.1: GP FOR HIGHER EDUCATION The Court made the following : JUDGMENT (PER T HE HONOURABLE SRI JUST ICE A.GOPAL REDDY) Normally the Division Bench will not interfere with the discretion exercised in granting ex parte orders passed by the learned single Judge in the writ petitions. It is settled principle of law that a person who has superannuated cannot be continued in service by virtue of interim orders since he can be compensated, in terms of money, if he is entitled to continue in service beyond the age of 58 years. Prima facie, once the petitioner attained the age of superannuation at 58 years and by virtue of interim direction he allowed to continue, virtually it amounts to allowing the writ petition. Therefore, the impugned order passed by the learned single Judge dt. 31-10-2008 in WPMP No.31105/2008 in WP No.23863/2008 in granting interim direction is set-aside. The appellants-respondents are granted four weeks time to ﬁle counter in WPMP No.31105/2008. We hope that due priority will be given for early disposal of the matter. The Writ Appeal is accordingly allowed. No costs. ______________ A.GOPAL REDDY,J ____________________ VILAS V. AFZULPURKAR,J Dt.5-11-2008 kmr.