PRASHANT KUMAR MISHRA, J. - (1.)Petitioner is a Judicial Officer having retired as I Additional District Judge, Vizianagaram, Vizianagaram District. She has preferred this writ petition challenging the order ROC No.598/2021-B. Special dtd. 4/5/2022, informing her that she would be attaining the age of superannuation of 60 years as on 31/5/2022, based on G.O.Rt.No.228, Law (L.A & J - SC.F) Department dtd. 16/8/2021, through which a list of District and Sessions Judges, Senior Civil Judges and Junior Civil Judges, who would be retiring in the calendar year 2022 on attaining the age of superannuation of 60 years, was published.
(2.)Petitioner joined service as Junior Civil Judge on 1/6/1995; promoted as Senior Civil Judge in February 2008 and thereafter as District and Sessions Judge in March 2016. Undisputedly, her service is governed by Andhra Pradesh State Judicial Service Rules, 2007 ("Rules 2007" for brevity), which were issued vide G.O.Ms.No.119 Law (L.A & J - SC.F) Department dtd. 2/8/2008; however, they came into force with effect from 1/1/2007. These Rules were framed by the Governor of Andhra Pradesh in consultation with the High Court of Andhra Pradesh under Articles 233, 234, 235, 237 read with proviso to Article 309 and proviso to clause (3) of Article 320 of the Constitution of India.
(3.)The State of Andhra Pradesh enacted Act 4 of 2014, called as the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014, amending the Andhra Pradesh Public Employment (Regulation of age of Superannuation) Act, 1984 and enhancing the age of superannuation from 58 to 60 years. Accordingly, the Government employees working in the State of Andhra Pradesh continued upto the age of 60 years. The State of Andhra Pradesh, again, promulgated Ordinance No.1 of 2022 on 30/1/2022 under Clause (1) of Article 213 of the Constitution of India, which came into force with effect from 1/1/2022. By this Ordinance, it was decided to enhance the current age of superannuation of 60 years to 62 years for all the State Government employees with effect from 1/1/2022. The 1st respondent has also adopted the Ordinance for applying the same to the employees of the Subordinate Judiciary of the State of Andhra Pradesh.