Andhra Pradesh High Court - Amravati
Sri. E.Venkataramarao, vs The State Of Andhra Pradesh, on 22 August, 2024
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.18310 OF 2024
Between:
Sri E.Venkataramarao, S/o Sri E.V.Ramana
Murthy, Occ: Chief Executive Officer, aged
about 60 years, R/o H.No.1-11, S.B.Patnam,
Pichchiganti Kothagudem, Visakhapatnam
District, Andhra Pradesh.
... Petitioner
And
The State of Andhra Pradesh, rep by its
Principal Secretary, Agriculture and Co-
operation Department, Secretariat, Amaravati,
Guntur District, Andhra Pradesh and three
others.
... Respondents
Counsel for the petitioner : Smt.B.Vijaya Lakshmi
Counsel for respondents : GP for Services - II
ORDER
The above writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"...to issue an appropriate Writ Order or direction more particularly
one in the nature of Writ of Mandamus declaring the action of the
Respondent No.2 and 3 authorities in trying to prevent the
petitioner to be in service upto age of 62 in 4th Respondent,
thought the petitioner is entitled to be service upto 62 years i e till
31.12.2026 thereby considering the amendment made vide
G.O.Ms.No.15 Finance (HR-IV-FR & LR) Department dated
SRS, J
31.01.2022 and Rule 28 (7) of the Andhra Pradesh Co-operative
Societies Rules 1964, even after the 4th Respondent passing
Resolutions dated 26.08.2023 and 30.09.2023 thereby increasing
the age of the retirement from 60 to 62 years, as illegal, arbitrary
and contrary to the principles of natural justice, without any
jurisdiction, violative of Fundamental Rights guaranteed under
Article 14 and 21 of the Constitution of India and contrary to the
provisions of the Andhra Pradesh Cooperative Societies Act, 1964
and Rules made therein and consequently direct respondents to
continue petitioner service till the age of 62 years and pass such
other or further orders ..."
2. Heard Sri Srinivas Basava, learned counsel for the petitioner and
learned Assistant Government Pleader for Cooperation appearing for
respondent Nos.1 & 2 and Smt.V.Umadevi, learned Standing Counsel
appearing for respondent No.3. Notice of respondent No.4 is dispensed
with in view of filing of General Body Resolution dated 26.08.2023 as
Exhibit P.1.
3. At the hearing, learned counsel for the petitioner has drawn the
attention of this Court to the General body resolution dated 26.08.2023
passed by respondent No.4, whereby it was resolved to extend the age
of superannuation from 60 years to 62 years and also the common
order passed in W.P.No.3255 of 2023 and batch, dated 06.05.2024.
4. Learned Single Judge of this Court by a common judgment in
W.P.No.3255 of 2023 and batch, upheld the power of society to
enhance the age of superannuation from 60 to 62 years as per Andhra
SRS, J
Pradesh Cooperative Societies Act and the Rules made there under.
The issue involved in the writ petition is squarely covered by order in
W.P.No.3255 of 2023 and batch. In fact, pursuant to common order, by
following the same, writ petitions were disposed of at admission stage.
5. Given the facts and circumstances of the case, the Writ Petition
is allowed in terms of common order dated 06.05.2024 in W.P.No.3255
of 2023 and batch. There shall be no order as to costs.
The Registry is directed to attach a copy of the order dated
06.05.2024 in W.P.No.3255 of 2023 and batch and batch to this order.
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
___________________________
JUSTICE SUBBA REDDY SATTI
Date : 22.08.2024
TVN
SRS, J
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.18310 OF 2024
Date : 22.08.2024
TVN
