M.Vijaya Kumar S/O Late Sri Prabhakara Rao v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO AND THE HON'BLE MRS. JUSTICE ANIS WRIT APPEAL No. 716 OF 2015 J U D G M E N T: (per Hon'ble Sri Justice Nooty Ramamohana Rao) The petitioners are the appellants before us. They call in question the interlocutory order dated 02.07.2015 passed by the learned Single Judge entertaining Writ Petition No. 18844 of 2015 filed by them.

The case of the appellants/petitioners was that they are the employees of the Andhra Pradesh Khadi and Village Industries Board and that the age of superannuation of the employees was standing at 58 and that the said Board has passed a resolution to enhance the age of superannuation of its servants to 60 years and it has sent proposals to the State Government for its approval and that the State Government has not yet passed orders approving the resolution in spite of so much of time lapsing by.

The learned Judge, while passing the interim order, has directed the State Government to take an appropriate decision and communicate the same within a period of four weeks and if any decision extending the age of superannuation to 60 years is taken by the government, it was made clear that it would be applicable to the petitioners, who approached this Court by filing this Writ Petition. Therefore, the learned Single Judge has insulated the exercise and the interim relief properly and carefully. If the State Government has failed to take a decision as per the direction issued by the learned Single Judge, that would not offer the appellants a ground to prefer the appeal. Since we have not found, in principle, any error in the interlocutory order passed by the learned Single Judge, we decline to entertain this Writ Appeal and accordingly, it is dismissed at the admission stage. No costs.

Consequently, the miscellaneous applications, if any shall also stand dismissed.

----------------------------------------- NOOTY RAMAMOHANA RAO, J ------------- ANIS, J 27th July 2015 ksld