The Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984.
**THE ANDHRA PRADESH PUBLIC EMPLOYMENT (REGULATION OF AGE OF**
**SUPERANNUATION) ACT, 1984**

**ACT No.23 OF 1984**

**ARRANGEMENT OF SECTIONS**

**SECTIONS**

1.Short title, application and commencement

2. Definitions

3. Age of Superannuation

4. Act to override other laws

5. Validation

6. Removal of doubts

7. Amendment of Fundamental Rules

8. Amendment of Hyderabad Civil Services Rules


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**THE ANDHRA PRADESH PUBLIC EMPLOYMENT (REGULATION OF AGE OF**
**SUPERANNUATION) ACT, 1984**

**ACT No.23 OF 1984**

[22[nd] May, 1984]

**AN ACT TO REGULATE THE AGE OF SUPERANNUATION OF PERSONS**
**APPOINTED TO PUBLIC SERVICES AND POSTS IN CONNECTION**
**WITH THE AFFAIRS OF THE STATE OF ANDHRA PRADESH.**

BE it enacted by the Legislature of the State of Andhra Pradesh in the
Thirty-fifth year of the Republic of India as follow:
**1.Short title, application and commencement - (1) This Act may be called**
the Andhra Pradesh Public Employment (Regulation of Age of Superannuation)
Act, 1984.

(2) It shall apply to—

(i) persons appointed to public services and posts in
connection with the affairs of the State;

(ii) officers and other employees working in any local
authority, whose salaries and allowances are paid out of the
Consolidated Fund of the State;

(iii) persons appointed to the Secretariat staff of the Houses
of the State Legislature; and

(iv) every other officer or employee whose conditions of
service are regulated by rules framed under the proviso to
article 309 of the Constitution of India immediately before
the commencement of this Act, other than the village officers
and law officers; whether appointed before or after the
commencement of this Act.

(3) Clause (i) of section 7 shall be deemed to have come into force on the
29[th] April, 1969 and the remaining provisions shall be deemed to have come
into force on the 10[th] April, 1983.

1[(4) Sub-section (1A) of section 3 shall be deemed to have come into force
on 26th December, 1992.]

**2. Definitions – In this Act, unless the context other-wise requires,--**

(1) “Fundamental Rules” means the Fundamental Rules applicable to the
Government employees as amended, from time to time, by the Government;

(2) “Government” means the Government of Andhra Pradesh;

(3) “Government employee” includes all categories of officers and
employees referred to in sub-section (2) of section 1;

(4) “Hyderabad Civil Services Rules” means the Hyderabad Civil Services
Rules applicable to the Government employees of the erstwhile Government of
Hyderabad appointed prior to the 1[st] November, 1956 and allotted to the
Andhra Pradesh State as amended from time to time by the Government;

(5) “Last Grade Service” means the service constituted by the Andhra
Pradesh Last Grade Service Rules, 1961 and includes the posts and services
specified in subsidiary definition (iii) under rule 9 of the Fundamental Rules;
and also includes the services which are treated as ‘inferior’ under Hyderabad
Civil Services Rules;

(6) “Local authority” means in relation to local area comprised within the
jurisdiction of a Municipal Corporation, the concerned Municipal Corporation

1 . Inserted by Act No 26 of 1998, s 2.


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and in relation to any other local area, the concerned Municipal Council, Zilla
Parishad, Panchayat Samithi or Gram Panchayat;

(7) “State” means the State of Andhra Pradesh.

**3. Age of Superannuation –** 1[(1) Every Government employee, shall retire
from service on the afternoon of the last day of the month in which he attains
the age of sixty years].

2[(1A) Notwithstanding anything contained in sub-section (1), every
member of the Andhra Pradesh State Higher Judicial Service or the Andhra
Pradesh State Judicial Service shall retire from service on the afternoon of the
last day of the month in which he attains the age of sixty years:

3[Provided that any such member of the Andhra Pradesh State Higher
Judicial Service or the Andhra Pradesh State Judicial Service may be
compulsorily retired from service on the afternoon of the last day of the month
in which he attains the age of fifty years or fifty five years or fifty eight years or
thirty three years of qualifying service, if he is found not fit and eligible to be
continued in service by the High Court of Andhra Pradesh, on an assessment
and evaluation of the record of such member for his continued utility, well
within time, before he attains the age of fifty years or fifty five years or fifty
eight years or thirty three years of qualifying service.

Provided further that any member of service after giving three months
notice in writing or three months of pay and allowances in lieu of notice may be
required to retire in public interest from service on the date on which such
member attains the age of fifty years or fifty five years or fifty eight years or
thirty three years of qualifying service or any date thereafter to be specified in
the notice.]

Provided also that any such member of the Andhra Pradesh State Higher
Judicial Service or the Andhra Pradesh State Judicial Service at his option to
be exercised in writing before he attains the age fifty seven years may retire
from service on the afternoon of the last day of the month in which he attains
the age of fifty eight years.

**Explanation: The assessment and evaluation by the High Court of Andhra**
Pradesh for the purposes of this subsection is in addition to and independent
of the assessment for compulsory retirement that may have to be undertaken
at any other time under the relevant rules applicable to such members of the
the Andhra Pradesh State Higher Judicial Service or the Andhra Pradesh State
Judicial Service.]

(2) Every Government employees not being a workman but belonging to
the Last Grade Service shall retire from service on the afternoon of the last day
of the month in which he attains the age of sixty years.

(3) Every workman whether in superior or last grade service, or in any
service notified as inferior shall ordinarily be retained in service upto the age of
sixty year:

Provided that any workman may be required to retire at any time after
attaining the age of fifty-five years after being given one month’s notice, or one
month’s pay in lieu thereof, on the ground of impaired health or of being
negligent or inefficient in the discharge of duties:

Provided further that a workman may also retire at any time after
attaining the age of fifty-five years, by giving one month’s notice in writing.

**Explanation I – In this section, the work “work-man” means a highly skilled,**
skilled, or semi-skilled or unskilled artisan in industrial and work charged
establishments of Government.

1 . Substituted by Act No.4 of 2014, s 2.
2 . Inserted by Act No 26 of 1998, s 3.
3 . Substituted by Act No. 42 of 2006, S 2.


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**Explanation II - For the removal of doubts, it is hereby declared that –**

(a) a Government employee whose date of birth is the first of a
month shall retire from service on the afternoon of the last day of
the preceding month on attaining the age of [1][sixty years], as the
case may be;

(b) a Government employee who attained the age of
superannuation but who was allowed to continue to hold the post
beyond that date, by virtue of a stay order of a Court, shall be
deemed to have ceased to hold the post and relieved of his charge
from the date of the judgement dismissing his petition, irrespective
of whether the charge of the post was handed over or not as
prescribed in any rule or order of the Government for the time
being in force.

2[(4) Notwithstanding anything contained in this section, an employee in the
work charged establishment of the Government, who becomes a regular
Government employee by whatever means or orders issued by Government
from time to time shall not be treated as workman for purposes of this Act
and shall be regarded as holder of a Civil post within the meaning of article
311 of the Constitution of India and accordingly, he shall retire from service,
(a) on attaining the age of [1][sixty years] in case, on becoming as a regular
Government employee, he belongs to superior service; and

(b) on attaining the age of sixty years in case, on becoming as a regular
Government employee, he belongs to last grade service or in any service
notified as inferior for the purpose of this sub-section.]

3[3A. Savings - Subject to the provisions of section 3,

(1) A Government employee belonging to the State Cadre/Multi-zonal Cadre
and who by general or specific order of the Government of India under subsection (1) of section 77 of the Andhra Pradesh Reorganisation Act, 2014, and
serving provisionally in connection with the affairs of the State of Telangana,
and if he is finally allotted to the State of Andhra Pradesh by the Government
of India under sub-section (2) of section 77 of the said Act, 2014 shall be
deemed to be continuously serving in the State of Andhra Pradesh.

(2) A Government employee belonging to the State Cadre / Multi-zonal Cadre
falling in the territories of both the State of Andhra Pradesh and the State of
Telangana, who by a general or a specific order of the Government of India
under sub-section (1) of section 77 of the said Act, 2014, is serving
provisionally and retires on attaining the age of fifty eight years and on his final
allotment, subsequently to the State of Andhra Pradesh by the Government of
India under sub-section (2) of section 77 of the said Act but before attaining
the age of sixty years, shall be re-inducted into service / post with effect from
the date of his final allotment to the State of Andhra Pradesh without break in
service:
Provided that an employee who attained the age of sixty years before the
final allotment to the State of Andhra Pradesh by the Government of India, the
service rendered in the State of Telangana till the date of his retirement shall
be considered notionally as if, he has rendered service in the State of Andhra
Pradesh for the purpose of calculation of his pensionary benefits.

1 . Substituted by Act No.4 of 2014, s 2.
2. Added by Act No. 19 of 1997, s 2.
3. Inserted by Act No, 4 of 2014, s 3.


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(3) The service conditions of the employee of State Cadre I Multi-zonal Cadre
working provisionally in the State of Andhra Pradesh and finally allotted by the
Government of India under sub-section (2) of section 77 of the said Act, 2014
to the State of Telangana shall be governed by the relevant laws I rules of the
State of Telangana on such final allotment.]

**4. Act to override other laws – The provisions of this Act shall have effect**
notwithstanding anything in consistent therewith contained in any other law,
for the time being in force.

**5. Validation – No amendment to the Fundamental Rules relating to the age of**
superannuation made under the proviso to article 309 read with article 313 of
the Constitution of India before the commencement of this Act shall be deemed
to be invalid or ever to have been invalid merely by reason of the fact that the
proviso to rule 2 of the said rules laid down that the said rules shall not be
modified or replaced to the disadvantage of any person already in service and
accordingly the amendments made to the said rules by the notifications issued
in G.O.Ms.No.36, Finance and Planning (Finance Wing F.R.I), Department,
dated the 8[th] February, 1983 and all orders and notifications issued and made
in pursuance of the those amendments shall be and shall be deemed always to
have been made validly and shall have effect notwithstanding anything to the
contrary in the proviso to the said rule 2, as if this Act were in force on the 8[th]
February, 1983.

1[5-A. Savings. (a) Notwithstanding anything contained in this Act,
(i) all this rules and regulations made under the proviso to article 309 and
continued under article 313 of the Constitution of India governing the
recruitment and conditions of service of the Government employees and were
in force on the commencement of the Andhra Pradesh Public Employment
(Regulation of Conditions of Service) Ordinance, 1983 (Ordinance 5 of 1983)
including such other rules continued under section 15 of the said Ordinance;
and

(ii) all rules made under section 3 of the said Ordinance governing recruitment
and conditions of service of the Government employees,

shall continue to be in force until they are amended or modified or rules are
made in respect thereof under the proviso to article 309 of the Constitution of
India read with article 313 thereof;

(b) anything done or any action taken in the exercise of any powers conferred
by or under the said Ordinance and the rules made thereunder shall be
deemed to have been validly done or taken.]

**6. Removal to doubts – For removal of doubts, it is hereby declared that,**
unless otherwise specifically provided, every amendment relating to the age of
superannuation made before or after the commencement of this Act to the
Fundamental Rules and the Hyderabad Civil Service Rules shall be and shall
be deemed always to have applied to all Government employees whether
appointed before or after the amendment.

**7. Amendment of Fundamental Rules - In the Fundamental Rules,--**

(i) to rule 2, the following proviso shall be added namely:
“Provided that these rules shall not be modified or
replaced by the Governor under Article 309 of the

1 . Inserted by Act No. 3 of 1985, s 3 . Shall be deemed to have come in to force on the
10.04.1983.


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Constitution of India to the disadvantage of any person
already in service except in respect of matters relating
to the age of superannuation”;

(ii) rule 56 shall be omitted.

**8. Amendment of Hyderabad Civil Services Rules -** Rule 231 of the
Hyderabad Civil Services Rules, shall be omitted.


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