G.V.P.P.Rama Rao vs The State Of Andhra Pradesh, ...
2022 Latest Caselaw 4418 AP

        THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.30306 OF 2017

JUDGMENT:

1. The petitioner filed this writ petition seeking to declare the

action of the respondents 2 to 4 in not reinstating the petitioner

into service pursuant to G.O.Ms.No.138 dated 08.08.2017 as

illegal and arbitrary.

2. On 08.09.2017, while admitting the writ petition, this

Court granted interim order directing the respondents 3 and 4 to

consider the representation dated 21.08.2017 of the petitioner in

terms of the G.O.Ms.No.138, Finance (HR.IV-FR) Department,

dated 08.08.2017, and take action, accordance with law.

3. It is not in dispute that the 3rd respondent-the Guntur

District Cooperative Central Bank Limited passed resolution

No.100, dated 29.07.2016 not to enhance the age of

superannuation from 58 years to 60 years to its employees.

4. Smt. K.N.Vijaya Lakshmi, learned counsel for

respondents, has submitted a letter dated 18.07.2022 to the

Chairman, Lok Adalat, a copy of which is placed on record, giving

particulars of the cases which have become infructuous. The

petitioner's case finds place at Sl.No.14 thereof.

5. In WP.No.16836 of 2016, K. Venkat Rao v. The State of

A.P and 2 others, taking into account the resolution No.100, dated

29.07.2016 of the 3rd respondent, not to enhance the age of

superannuation from 58 years to 60 years to its employees, this

Court dismissed the petition for same prayer, vide order dated

27.12.2016.

6. In view of the aforesaid, the petitioner has no right to

continue up to the age of 60 years and has rightly been retired at

the age of 58 years as per the age of superannuation under the

relevant legal provisions.

7. Though the interim order was granted, but the

respondents did not consider the representation of the petitioner

and did not permit the petitioner to join and consequently, no

further orders are required with respect to salary etc., for the

period after the petitioner attained the age of 58 years up to 60

years.

8. The Writ Petition stands dismissed.

9. No order as to costs.

Pending miscellaneous petitions, if any, shall stand closed in

consequence.

________________________ RAVI NATH TILHARI, J Date: 22.07.2022 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.30306 OF 2017

Date:22.07.2022.

Gk.

DateDa