IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 12484 of 1998 Between: Dr.B. Kanakaraju S/o late B. Satyanandam Vadeshwaram, Guntur Dist. ..... PETITIONER AND 1 State of A.P. rep. by the Commissioner & Director of Tech. Education Govt. of A.P., Hyderabad 2 Koneru Lakshmaiah College of Engineering rep. by Secretary & Correspondent, Vaddeshwaram, Guntur Dist. 3 Nagarjuna University rep. by Registrar Nagarjunanagar, Guntur Dist. 4 All India Council for Technical Education rep. by Chairman, New Delhi-I. 5 Principal K.L. of Engineering Vaddeswaram, Guntur Dist. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to call for the records and issue a Writ or order or direction particularly one in the nature of Writ of Mandamus call for the records and set aside order of the 2nd respondent dt: 4-2-1998 passed by the 2nd respondent as being arbitrary improper, unconstitution, unjust and voiative of conditions of service and principles of natural justice and consequnetly directing the respondents of natural justice and consequently directing the respondents to continue the petitioner in service of the college upto the age of Superannuation of 60 years without any break with all consequential benifits Counsel for the Petitioner:MR.VENKATA RANGADAS KANURI Counsel for the Respondent No.: GP FOR HIGHER EDUCATION The Court made the following : O R D E R: The relief sought for in this writ petition, based on various instructions issued by the All India Council for Technical Education (AICTE), is that the petitioner, lecturer in the second respondent- College, is entitled to continue in service till he reaches the age of 60 years and that his being asked to retire on completion of the age of 58 years is illegal. Reliance is placed on a judgment of this Court in Writ Petition No.3637 of 1999, dated 06-01-2003, wherein this Court while holding the order requiring the petitioner to retire from service on reaching the age of 58 years was ex facie illegal, further held that the question of directing the College to pay salary for the period during which the petitioner was denied employment could not be decided in writ proceedings and it was left open to the petitioner to approach the civil Court and seek appropriate remedy for damages including salary for the said period of 24 months. This writ petition is also disposed of in terms of the aforesaid order of this Court in Writ Petition No.3637 of 1999, dated 06-01-2003. No costs. ____________________ Ramesh Ranganathan,J Dated 19th February, 2008 vrn ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner & Director of Tech. Education Govt. of A.P., Hyderabad 2 Secretary & Correspondent, Koneru Lakshmaiah College of Engineering, Vaddeshwaram, Guntur Dist. 3 Registrar, Nagarjuna University, Nagarjunanagar, Guntur Dist. 4 Chairman, All India Council for Technical Education, New Delhi-I. 5 Principal K.L. of Engineering Vaddeswaram, Guntur Dist. 6 2CCs to G.P. for Higher Education 7 2CD copies