Society For Elimination Of Rural Poverty v. N Bhagyavathamma

HON'BLE THE CHIEF JUSTICE SRI THOTTATHIL B. RADHAKRISHNAN AND HON'BLE SRI JUSTICE V. RAMASUBRAMANIAN WRIT APPEAL No.995 OF 2018 JUDGMENT (ORAL) : (Per the Hon'ble the Chief Justice Sri Thottathil B. Radhakrishnan) We have heard the learned counsel for the appellant Society for Elimination of Rural Poverty (SERP, for short) and the learned counsel for the unofficial respondents - writ petitioners. 2.

The short issue that arises for decision in this writ appeal is as to whether the learned single Judge was justified in directing that the writ petitioners be permitted to continue in service of SERP until they attain the age of 60 years.

3.

Section 73 of the Andhra Pradesh Reorganisation Act, 2014; for short 'Reorganisation Act'; read with Schedule - X Entry - 37 and also read with Section 3 of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984, would show that the employees of SERP are entitled to get the benefit of Section 75 of the Reorganisation Act provided they continue to discharge duties and functions attached to SERP.

4.

The sum and substance of Section 75 of Reorganisation Act goes with Schedule - X Entry - 37 of the Reorganisation Act. In this view of the matter, we do not find any legal infirmity or jurisdictional

HCJ & VRS,J WA No.995 of 2018 error in the decision rendered by the learned single Judge. The Writ Appeal, therefore, fails.

5.

In the result, the Writ Appeal is dismissed. No order as to costs.

As a sequel thereto, Miscellaneous Applications, if any, pending in the Writ Appeal stand closed.

______________________________________ THOTTATHIL B. RADHAKRISHNAN, CJ ___________________________ V. RAMASUBRAMANIAN, J August 01, 2018.

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