Superannuation At 60 Or 62? Andhra Pradesh High Court Stays Allegedly 'Early Retirement' Of Engineering College Employees

The Andhra Pradesh High Court has issued notices to the All India Council for Technical Education (AICTE), the Bapatla Educational Society and the Bapatla Engineering College in a petition alleging forceful retirement of three employees.

Justice Vaddiboyana Sujatha after hearing the arguments, asked the respondents to file a counter and granted an interim stay on the proceedings.

"...there shall be an interim direction to the respondents to continue the petitioner in service till the next date of hearing. Post the matter along with W.P.No.17885 of 2022, after three (3) weeks for hearing. Respondents are directed to file a counter. "

The petitions were filed by three different employees of the College, including a driver, an assistant computer operator and a junior assistant, claiming that the college had initiated retirement proceedings before they had reached the superannuation age of 62.

The contention of the petitioner was that the proceedings were issued in violation of the Andhra Pradesh Education Act 1982, Andhra Pradesh Employment (Regulation of Age of Superannuation) Act 1984 and the Andhra Pradesh Higher Education Regulatory and Monitoring Commission (APHERMC) Regulation and Guidelines.

Further, it was contended that the college had initiated proceedings under the Andhra Pradesh Education Act, 1982 however, has referenced the Act prior to its amendment in 2023.

It was also submitted that Section 78A was amended by Amendment Act, 2023 substituting the words 60 years with 62 years. Therefore as of today the age of retirement of non-teaching staff employed in any aided Private Educational Institution is 62 Years.

The petitioner also submitted that the respondent College is an autonomous institution and should comply with provisions of the Andhra Pradesh Employment (Regulation of Age of Superannuation) Act 1984 and that the same was amended on 31-01-2022, amending Section 3 of the Andhra Pradesh Employment (Regulation of Age of Superannuation) Act 1984 wherein the age of superannuation is increased from 60 years to 62 years by substituting 60 years with 62 years.

After considering the contentions, the Court issued an interim stay and sought a response from the respondents. 

Case Title: K Umamaheswara Rao vs State Of Andhra Pradesh [WP No. 20999 of 2023] 

Counsel for petitioner:  Challa Gunaranjan, SVSS Sivaram, N Sai Phanindra Kumar, Shaik MD Umar Abdullah

Counsel for Respondents: Srinivas Rao Bodduluri, Ghanta Sridhar, GP for Higher Education.

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