Mangalam Nagaraju vs The State Of Andhra Pradesh & Ors.

The present batch of Writ Petitions are filed seeking to declare the action of the Respondents in superannuating the Petitioners on the ground that they are attaining an age of 60 years, as illegal and arbitrary.

The Petitioners were appointed by ‘Tirumala Tirupati Devasthanam’ (for short, the ‘TTD’) as Security Personnel on non regular basis during the period from 2009 to 2011 and were discharging their duties in the said Devasthanam since then. It was submitted that Minimum Time Scale was also extended to them. While so, proceedings were issued to the Petitioners proposing to retire the Petitioners on attaining the age of 60 years. Questioning the same, the present batch of Writ Petitions are filed.

Heard Sri K. Koutilya, learned counsel for the Petitioners as well as learned Standing Counsel for ‘TTD’.

The Rule 12 of ‘TTD’ employees service rules specifically provides for age of superannuation of the employees of ‘TTD’ and the same reads as under:-

The rule is explicit that the age of superannuation of the employees of ‘TTD’ shall be regulated by the provisions of Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 as amended from time to time. This rule being the ‘legislation by reference’, the amendments to the governing Act would automatically apply to the employees of ‘TTD’.

The Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 was amended in the year 2014 and age of superannuation was enhanced upto 60 years and this benefit was extended to all. The Act was again amended in the year 2022 and the superannuation age was enhanced to 62 years. The reason for the enhancement of age of superannuation is the increased age of life expectancy to 70 years. The statement of objects and reasons of the amending act are extracted below:-

The principal reason for enhancement of age as per the statement of objects and reasons of the Amendment Act 4 of 2022 is on account of increased life expectancy and improved health conditions in general. It is on this principle only that the age of superannuation for regular employees in PSUs, Corporations and Societies included under Schedules IX and X of the Andhra Pradesh Reorganization Act-2014 was enhanced. Going by the statement of objects and reasons of the amendment act as extracted and highlighted above, there is no reason to treat the non-regular employees differently as long as there is necessity and able to discharge the works to the satisfaction of the employer.

Once a conscious policy decision is taken to increase the age of superannuation of employees to 62 years on account of increased life expectancy and improved health conditions in general, retiring an individual on attaining the age of 60 years merely on account of his nature of employment, while continuing the regular employee discharging the very same nature of work and in the same office upto 62 years, is odd and sounds irrational. This oddity is exaggerated when the employee is able and there is a requirement for such an employee.

Taking note of the above, this Court had disposed of the Writ Petition No.12413 of 2025 and batch directing the State Government to take a conscious decision about enhancement of age upto 62 years to non regular employees working for a substantial number of years in State departments and State owned/controlled entities and till such time, the non regular employees in service shall be continued or till they attain the age of 62 years. The directions are as under:-

In the light of the directions to the State and till a decision is taken by the State, the non-regular employees of TTD are also entitled to be continued till attaining the age of 62 years.

Accordingly, the Writ Petitions are disposed of, with the following directions:-

As a sequel, miscellaneous petitions pending, if any, shall stand closed.