Dh.S. Ravi Kumar vs The State Of Andhra Pradesh
2024 Latest Caselaw 7727 AP

Andhra Pradesh High Court - Amravati

Dh.S. Ravi Kumar vs The State Of Andhra Pradesh on 27 August, 2024

 APHC010252322024
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                           [3331]
                           (Special Original Jurisdiction)

            TUESDAY ,THE TWENTY SEVENTH DAY OF AUGUST
                 TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

          THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

                      WRIT PETITION NO: 12489/2024

Between:

Dh.S. Ravi Kumar                                                ...PETITIONER

                                     AND

The State Of Andhra Pradesh and Others                     ...RESPONDENT(S)

Counsel for the Petitioner:

1. P NAGENDRA REDDY

Counsel for the Respondent(S):

1. GP FOR INDUSTRIES COMMERCE

2. V R N PRASHANTH

3. GP FOR SERVICES I

The Court made the following order :

This writ petition is filed declaring the proceedings of respondent No.3 vide APMDC/HRD/60 to 62/2022/1075 dated 29.09.2022 and the consequential order No.APMDC/HRD/EL & ML/C.LO.532748/2024/191, dated 08.05.2024 directing the petitioner to retire from services on 31.05.2024, on attaining the age of superannuation age of 60 years, as illegal and arbitrary.

2. Heard Sri P. Nagendra Reddy, learned counsel for the petitioner, and Sri Sai Manoj Reddy, learned counsel representing Sri V.R.N. Prashanth, learned standing counsel for respondent No.3.

3. At the hearing learned counsel for respondent No.3 submitted that the issue involved in this writ petition is covered by the order dated 07.05.2024 passed in W.A.No.1181 of 2023 and batch.

4. Earlier, employees of Mineral Development Corporation filed writ petitions i.e.W.P.No.33164 of 2023 and batch, challenging the proceedings of superannuation. By a common order, dated 11.08.2023, learned Single Judge dismissed those writ petitions. Aggrieved by the dismissal order, employees of the Corporation filed W.A.No.1181 of 2023 and batch and those writ appeals were dismissed by common judgment dated 07.05.2024. At para No.6 of the common judgment, it was observed as under :

"In that view of the matter, the Writ Appeals must fail. The Appellants/petitioners are unable to demonstrate any prior approval of the State Government approving the Board Resolution dated 30.06.2022. In the absence of such approval, no right gets vested on the employee of the board to assert a right, contrary to the existing service conditions."

5. Given the above, this writ petition stands dismissed in terms of the common judgment dated 07.05.2024 passed in W.A.No.1181 of 2023. No order as to costs.

The Registry is directed to annex a copy of the common judgment dated 07.05.2024 passed in W.A.No.1181 of 2023.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

___________________________ JUSTICE SUBBA REDDY SATTI

Date : 27.08.2024 IKN

THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION NO: 12489/2024

Date : 27.08.2024 IKN