M.Mummurthy, v. Prl.Secy., Education Dept., State Of A.P.,

HON'BLE SRI JUSTICE SURESH KUMAR KAIT & HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P. No. 22873 of 2018 O R D E R:- (ORAL) (Per Hon'ble Sri Justice Suresh Kumar Kait) This writ petition is filed challenging the order dated 27.04.2018 in O.A.No. 825 of 2018 passed by the A.P. Administrative Tribunal, Hyderabad, whereby the application filed by the petitioner under Section 19 of the Administrative Tribunals Act, 1985,has been dismissed.

The petitioner joined as full time contingent employee in Library Branch in Chittoor District in the month of November, 1986 and since then he has been in employment, and now, he has attained the age of 68 years. As per the orders dated 06.04.2018 in Rc.No.26-B2/ 2014 issued by the Director, Public Libraries, Mangalagiri, the retirement age is 60 years, and accordingly, by virtue of the proceedings dated 10.04.2018 issued by the Secretary, Branch Library, Chittoor District, the petitioner, who has already attained the age of 68 years, is deemed to have been retired from service. The learned counsel for the petitioner submits that there is no age limit for the post occupied by the petitioner, as such, he can continue till his last breath, and therefore, the proceedings dated 06.04.2018 are arbitrary and illegal.

SKK,J & AKS,J WP._22873_2018 The fact remains that the petitioner has not challenged the proceedings dated 06.04.2018 issued by the Director, Public Libraries, Mangalagiri whereby the retirement age for the post occupied by the petitioner is 60 years. Therefore, we find no ground to interfere with the impugned order passed by the Tribunal.

The writ petition is devoid of merit and the same is accordingly dismissed. It is needless to state that the petitioner is at liberty to challenge the proceedings dated 06.04.2018 issued by the Director, Public Libraries, Mangalagiri before the appropriate forum. No order as to costs.

As a sequel, Miscellaneous Petitions, if any pending, shall stand disposed of as infructuous.

_____________________ SURESH KUMAR KAIT, J 05.07.2018 _________________________ ABHINAND KUMAR SHAVILI, J bcj