IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE and HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL Nos.1337, 1338, 1343, 1347, 1348 & 1368 of 2008 W.A.No.1337 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 11-10-2006 in W.P.No.19770 OF 2001 on the ﬁle of the High Court) Between: 1. J.B.Prasad S/o. Venkaiah, C/o. M. Ravinder, Plot No.201, Kamalapuri colony Srinagar Colony,Hyderabad 2. A. Venkataswamy S/o. Yellaiah D.No.3-3-92, Edugulagadda, Wadepally, Hanmakonda, Warangal District. 3. G. Babu S/o. Bhasaiah D.No.3-3-92 Edugulagadda, Hanumakonda Chowrastha Warangal –11. 4. S. Shankar Lingam S/o. Rajamouli 3-9-536 Reddy colony, Hanimakonda, Warangal District 5. G.Rajareddy S/o. Narasimha Reddy Katnapalli post, Choppadanai Mandal kareemnagar District 6. B.Devadatham S/o. Hanumaiah 4-143, Gangadhara Post Ganagadhara Mandal Kareemnagar District 7. R.Balakotaiah S/o. Gangaiah Plot No.9, SP Nagar, Moulali Hyderabad-500040 8. G.P.R.Vidya Sagar S/o. Ramarao Plot No.C, Ground gloor Sri Sai Sadanam Apartments, Ramalayam Street, Seethaphalmandi, Secunderabad-500061. ... APPELLANTS AND 1 The Divisional Electrical Engineer, Operation, AP Northern Power Distribution Company Limited, Warangal, Warangal District 2 The Divisional Electrical Engineer, Operation, AP Northern Power Distribution Company Limited, Jedcherla, Mahaboobnagar District 3 The Divisional Electrical Engineer, Operation, AP Northern Power Distribution Company Limited, Kareemnagar, Kareemnagar District 4 The Divisional Electrical Engineer, Operation, AP Northern Power Distribution Company Limited, Pedapalli, Kareemnagar District 5 The Superintending Engineer, Operation, AP Northern Power Distribution Company Limited, Warangal, Warangal District 6 The Superintending engineer, Operation, AP Northern Power Distribution Company Limited, Mahaboobnagar Mahaboobnagar District 7 The Superintending Engineer,Operation, AP Northern Power Distribution Company Limited, Kareemnagr Kareemnagar District 8 The Superintending Engineer, Operation AP Northern Power Distribution company Limited, Vijayawada 9 The Managing Director, AP Northern Power Distribution company Limited, Warangal, Warangal District 10 The Managing Director, AP Central Power Distribution Company Limited, Hyderabad 11 The Managing Director, AP Southern Power Distribution company Limited, Tirupathi 12 The Chairman Managing Director, AP Transco, Ltd Hyderabad 13 The AP Central Power Distribution Company Ltd., Rep. by its Chairman and Managing Director, Singareni Buildings, Hyderabad 14 The AP Southern Power Distribution Company Limited rep. by its Chairman and Managing Director Renugunta Road Tirupathi, Chittoor District 15 The AP Northern Power distribution Company ltd rpe.by its Chairman and Managing Director, Warangal 16 The AP Transco, rep.by its Chairman and Managing Director Viduth Soudha, Hyderabad 17 N. Cheralu S/o.Komaraiah Somidi Post Hanumakonda Mandal, Via Khazipet,Warangal District 18 R.Narasinga Rao S/o.Rajeswara Rao 2-8-733, L.I Rtd Bhavani Nagar, Hanimakonda, Warangal District 19 B.Nuchaiah So.Ramdas 10-1-238,Girmajipet, G.R.Gutta, Waranal District 20 Md.Jahjangeer S/o.Akbar Shaib 9-8, Chaitanya Nagar Bodepalli,Jadcherla, Mahaboobnagar District 21 Md.Khan S/o.Alikhan 11-15, Gandhinagar,Kalwakurthy-509324 22 S.Narayana Reddy S/o.laxmana Reddy Gundalapalli Village Bujjanki Mandal, Kareemnagar District 23 A.Chandraiah S/o.Lingaiah Bommkallu village, Kareemnagar District 24 Md.Rapiq S/o.Md.Ibbrahim near Govt High School, Katnapalli post Choppadanai Mandal kareemnagar District 25 Ch.Narasaiah S/o.Venkatai Bommakallu village Kareemnagar District 26 K.Narasaiah s/o.Mallaiah Tenuguwada village Reddy aplli Mandal kareemnagar District 27 R.Rajesham S/o.Balaram ALM Retd 7-77, Bommakallu village, Kareemnagar District 28 M.Chandraiah S/o.Laxmaiah 7-77, Bommakallu village Kareemnagar District 29 M.A.Rahman S/o.Md.Binumran Gangadhara X Road Kurkal village, Kareemnagar District 30 Md.Afzaliddin S/o.Bhasheeruddin 3-6-16, Adarshnagar, Kareemnagar 31 A.Koteswara Rao S/o.Venkatasubbaiah 44-14-41,S.V.Narasaiah street, Gundala Vijayawada- 520005 ...RESPONDENTS Counsel for appellants: Sri P. V. Ramana Counsel for respondents: Sri G. Vidyasagar The Court made the following: HON’BLE THE CHIEF JUSTICE SRI ANIL R. DAVE AND HON’BLE SRI JUSTICE R. SUBHASH REDDY W.A.Nos.1337, 1338, 1343, 1347, 1348 & 1368 of 2008 Common Judgment: (Per RSR, J) As common question of law arises for consideration in these writ appeals, they are heard together and being disposed of by this common judgment. 2. These writ appeals, under Clause 15 of the Letters Patent, are ﬁled aggrieved by the order dated 11-10-2006 passed by the learned single Judge in W.P.Nos.19770 of 2001, 81240 of 2004, 19765 of 2001, 4274 of 2001, 11169 of 2004 and 17901 of 2004 respectively. 3. The appellants herein, who are employees of erstwhile A.P. State Electricity Board, have ﬁled the aforesaid writ petitions seeking a declaration that they are entitled to continue in service upto 60 years and questioned the retirement notices issued to them at the age of 58 years. The learned single Judge, by the impugned order, rejected their claim and recorded a ﬁnding that their retirement age is 58 years. Hence, these appeals. 4. In these appeals, learned counsel for the appellants contends that the appellants herein are workmen and therefore the Andhra Pradesh State Electricity Board Service Regulations Part I, II and III, which were framed by the Board in exercise of its power under Section 79 (c) of the Electricity (Supply) Act, 1948 (for short, ‘the 1948 Act’) are not applicable to them. It is contended that the workmen employees of the Board are entitled to be treated on par with similarly situated employees of the State Government, who are entitled to continue in service upto the age of 60 years. In support of his contentions, learned counsel has placed reliance on certain memos issued by the erstwhile A.P. State Electricity Board and argued that in the light of the said memos, the appellants who are other than class IV employees falling within the deﬁnition of Section 2 (s) of the Industrial Disputes Act, 1947 are entitled to continue in service upto the age of 60 years. 5. The argument of the learned counsel for the appellants cannot be accepted for the reason that services of the appellants are governed by Andhra Pradesh State Electricity Board Service Regulations, framed under Section 79 of the 1948 Act, which are amended from time to time. A reading of Clause 16 of Part I of the said Regulations would indicate that the date of retirement on super-annuation of an employee of the Board other than Class-IV employee is the date on which he attains the age of 58 years and of a Class-IV employee the date on which he attains 60 years. Though it is argued by the learned counsel for the appellants that the said Regulations are not applicable to the present appellants, but, however, a conjoint reading of the provisions under Section 79 (c) of the 1948 Act and Clause 16 of Part I of the Regulations framed under the 1948 Act, would make it abundantly clear that the said Regulations are applicable to all monthly-paid (regular timescale employees) who are in the service of the Board. In that view of the matter, there is no basis for the claim of the appellants that they are entitled to continue in service upto the age of 60 years. We are in agreement with the view taken by the learned single Judge to the eﬀect that the age of retirement of the present appellants is 58 years and not 60 years as claimed by them. 6. For the foregoing reasons, the writ appeals are dismissed. No order as to costs. _________________ ANIL R. DAVE, CJ. _____________________ R. SUBHASH REDDY, J. October 23, 2008 MRR