B. PRABHAKAR RAD & ORS. ETC. versus STATE OF ANDHRA PRADESH & ORS. ETC .ETC.

Citation: [1985] SUPP. 2 S.C.R. 573 · Decided: 19-08-1985 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Dismissed

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Judgment (excerpt)

\ 
573 
B. PRABHAKAR RAD & ORS. ETC. 
A 
V• 
STATE OJ! ANDHRA PRADESH & ORS. ETC .ETC• 
AUGUST 19, 1985 
[O. CHINNAPPA REDDY, V. BALAKRlSHNA ERADI AND v. KHALID, JJ.J 
B 
Andhra Pradesh PUblic Employment (RP-gulation of Age of 
St.1perannuation) Act 1984 section 3(1) and Explanation II (a). 
Fundamental Rules Rule 56 (a) and Hyderabad Civil Service 
Rules Rule 231. 
c 
Employees - Age of superannuation - Change of - Amendments 
effected by Ordinance No. 24 of 1984 and section 4 (1) of Act 3 
of 1985 - Whether constitutionally valid - Fixation of date and 
di vision of employees into two class on basis thereof - Whether 
permissible - Whether amenable to judicial scrutiny -
Age of 
D 
Superartnuation - Change of policy or reversal of policy. 
Constitution ~f India 1950, Article 14 
Classification -
Reasonableness of - Burden of proof on 
State. 
Interpretation of Statutes 
Government department administering Act - Official state-
ment of -
Whether relevant for interpretation legislation to 
remedy wrongs - Wronged persons - Whether can be excluded. 
Practice & Procedure 
Writ petition - Dismissal in limini - Whether bar to enter-
tainment of another similar writ petition. 
E 
F 
In the State of Andhra Ptadesh the age of superannuation 
G 
was 55 years to begin with, but in the year 1979, the Government 
raised the age to 58 years. 
In February 1983, the Government 
decided to reduce the age of superannuation of its employees from 
58 to 55 years, and also issued directives to local authorities 
and public corporations under its control to"do likewise. 
H 
A 
l! 
c 
D 
E 
F 
G 
H 
574 
SUPREME COURT REPORTS 
[1985] SUPP.2 s.c.R. 
In order to give effect to the aforesaid policy of 
reversal, the Government amended Rule 56(a) of the Fundamental 
Rules and Rule 231 of the lfyderabad Civil Services Rules by 
substituting the figure '55' for the figure '58 1 and by making a 
special provision that those who had already attained the age of 
55 years and were continuing in service beyond that age on 
28.2.1983. shall retire frbm 
service on the afternoon of 
28.2.1983. 
This was followed by another notification dated 17.2.1983 
deleting the proviso to Rule 2 of the Fundamental Rules which 
protected a civik servant 
against a change in conditions of 
service to his detriment after he entered service. 
The Andhra 
Ptadesh Ordinance No. 5 of 1983 was promulgated regulating the 
recruitment and conditions of service of persons appointed to 
public service and posts in connection with the affairs of the 
State of·Andhra Ptadesh and the Officers and servants of the High 
Court of Andhra Ptadesh Clause 10 of the Ordinance provided that 
every Government employee, not being a workman and not· belonging 
to Last Grade Service shall retire from service on the afternoon 
of the last day of the month in which he attains the age of 
fifty-five years. In the case of Government employees belonging 
to the Last Grade Service, ·it was provided that they shall retire 
from service on the afternoon of the last day of the month in 
which they attain the age of sixty years. 
Clause 18(1) provided 
that the proviso to Rule 2 of the Fundamental Rules shall be 
deemed always to have been omitted. 
Tumtediately after the notification reducing the age of 
superannuation from 58 to 55 were issued, a large number of 
Government employees, employees of public sector corporations, 
and 
teachers working under various authorities filed writ 
petitions in this Court as well as in the High Court of Andhra 
Ptadesh challenging the vires of the provisions reducing the age 
of superannuation. 
· 
· 
There was also a State wide agitation by affected employees 
and on' August 3, 1983 an Agreement was arrived at between the 
Government and the Action Committee of Employees and Workers. 
Clause (1) of the agreement provided that proviso to F.R. 2 will 
be restored in respect of all matters, except the age of 
superannuation retrospectively · and that the provisions of the 
Ordinance relating to the age of superanntiaticin will also be 
removed after the judgment of the Supreme Court. 
The Agreement, 
also, contained a stipulation that it was not to be placed before 
the Supreme Court either by the Government or by the employees. 
·'\, 
'
B.PRABl!AKAR RAO v. STATE 
575 
The Andhra Pradesh Legislature enacted the Andhra Ptadesh 
PUblic Employment (Regulation of age of Superannuation) Act No. 
23 of 1984 making it applicable to persons . appointed to public 
service 

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