IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY THE THIRD DAY OF JUNE TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE GHULAM MOHAMMED and THE HON'BLE SRI JUSTICE G.BHAVANI PRASAD WRIT PETITION NO : 11525 of 2010 Between: S. Venkateswarlu S/o. S. Suryanarayana, Sri Y.N. College, R/o. H.No. 7-5-28, College Street, Narsapur, West Godavari District. ..... Petitioner AND 1. Union of India, Ministry of Human Resources Development, New Delhi, Rep. by its Secretary 2. The State of Andhra Pradesh Rep. by its Secretary to Government, Department of Higher Education, Secretariat, Hyderabad. 3. University of Grants Commission Rep. by its Secretary, New Delhi. 4. Commissioner of Collegiate Education, Hyderabad. 5. Sri Y.N. College, Narsapur, West Godavari District, Rep. by its Secretary & Correspondent .....Respondents Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring Section 3 of A.P. Public Regulation of Age of Superannuation) Act 1984, Section 2 of the A.P. Education Act (Amendment Act), 1993, (A.P. Amendment Act No. 17 of 1993), G.O. Ms. 208 dt. 29-06-1999 and G.O. Ms.No. 14 dt. 20-02-2010 of the 2nd respondent in so far as they relate to the directives of the 2nd respondent, putting the age of superannuation of teaching staff employed in the Government / aided Degree Colleges in the State of Andhra Pradesh, at 58 years as beyond the legislative competence of the State Legislature and violative of Arts. 256, 14 & 19 (1) (g) of the Constitution of India and hence unconstitutional and it is further consequentially prayed to set aside the Proceedings dt. 06-03-2010 of the 5th respondent, retiring the petitioner on 31-05-2010 by directing the 2nd Respondent to implement the Notification No.F.3-1/94(PS) dt. 24-12-1998 & No. F.3-1/94 (PS) dt. 24-12-1998 & No. F.3-1/2009(PS) dt. 23-09-2009 issued by 3rd respondent in its totality, and consequentially directing the respondents to continue the petitioner in service till he attains the age of 65 years. The petition having been set down on this day i.e. 03-06-2010 for “On Being Mentioned” pursuant to the order of the High Court dated: 31-05-2010 made herein and upon hearing the arguments of Sri S.R.Sanku, Advocate for the Petitioner, Sri. Ponnam Ashok Goud, Asst. Solicitor General, for the Respondent No.1 and GP for Higher Education, for the Respondent Nos.2 & 4 and of Sri. Deepak Bhatta Charjee, Advocate for the Respondent No.3, the Court made the following ORDER: “Heard the learned counsel for the parties. The interim order granted on 31-05-2010 by this Court is modified as under:- “Interim direction to continue the petitioner up to 4th June, 2010”. Post on 4th June, 2010”. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Secretary, Union of India, Ministry of Human Resources Development, New Delhi. 2. The Secretary to Government Department of Higher Education, State of Andhra Pradesh, Secretariat, Hyderabad. (BY SPECIAL MESSENGER) 3. The Secretary, University of Grants Commission, New Delhi. 4. The Commissioner of Collegiate Education, Hyderabad. 5. The Secretary & Correspondent, Sri Y.N. College, Narsapur, West Godavari District. (ADDRESSEES 1, 3 to 5 BY RPAD) 6. Two CCs to the G.P.for Higher Education, High Court of A.P., Hyderabad. (OUT) 7. One CC to Sri S.R. Sanku, Advocate (OPUC) 8. One spare copy. Ksv HIGH COURT Ksv Date of drafting: 03-06-2010 GMJ & GBPJ DATE: 03-06-2010 NOTE: POST ON 4TH JUNE, 2010 ORDER WP.NO.11525 OF 2010 MODIFYING THE INTERIM ORDER