DHUMARAO VENKATA RAMANAYYA, S/O PURUSHOTHAMA RAO S.P. SPL. MUNICIPAL ELE. SCHOOL, KAKINADA AND OTHERS Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
Dhumarao Venkata Ramanayya, S/O Purushothama Rao S.P. Spl. Municipal Ele. School, Kakinada And Others
STATE OF ANDHRA PRADESH
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RAMACHANDRA RAO,J. -
(1.) In this batch of writ petitions, the facts are similar and common question of law arise. Hence they are disposed of by common judgment. Sri P. Kodandaramaiah, the learned Advocate appearing for the petitioner in W.P. No. 3383/71 and some other writ petitioners, advanced arguments and the same were adopted by other council on behalf of the petitioner in other writ petitions.
(2.) The petitioners are all teachers employed in the schools run by the Government of Andhra Pradesh, Zilla Parishads, Panchayat Samithis, Municipalities and Aided Institutions. In these writ petitions, the petitioner seek the issue of writs in the nature of mandamus declaring G.O. Ms. No. 2219 Education dated 3-11-1967 read with Government Memorandum No. 6573/H-1 68-2 : and Government Memorandum No. 5929/H-1/68 dated 17-3-1969 and Rule 16 of the rules framed under the Andhra Pradesh Panchayat Samithis and Zilla Parishads Act (hereinafter called the P.S. and Z.P. Act) and Rule 14 of the rules framed under A.P. Municipalities Act, as void inoperative and for further declaration that the petitioners are entitled to continue in service till they attain the age of 60 years and to direct the respondents to forbear from interfering with the petitioners right to continue in service till they attain the age of 60 years.
(3.) The brief facts are as follows .-
The petitioners have all been working as teachers in one or the other of the schools run by the Government or the Panchayat Samithi or Zilla Parishads or the Municipalities in the State of Andhra Pradesh. According to the rules in force at the time of their appointment, the age of retirement for teachers was 55 years. But under Rule 56(a) of the Fundamental Rules, a Government Servant could be continued in service after his attaining 55 years with the sanction of the Government and in special circumstances even upto 60 year. Rule 14 of the rules framed under the Municipalities Act and Rule 16 of the P.S. and Z.Ps. Act also fix the age of retirement at 55 years. Rule 56(a) of the Fundamental Rules is also made applicable to the employees of the Municipalities, Panchayat Samithis and Zilla Parishads.;
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