Andhra Pradesh High Court - Amravati
Vinnakota Venkataratnam vs The State Of Andhra Pradesh on 27 August, 2024
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.18698 OF 2024
Between:
Vinnakota Venkataratnam, S/o Subbarao
Sarma, Age 60 years, Occ: Secretary,
Davojipalem Primary Agricultural Cooperative
Credit Society Limited, Reg No.H.1917,
Davojipalem Village, Pedana Mandal, Krishna
District, R/o D.No.2-51, Konkepudi Village,
Pedana Mandal, Krishna District.
... Petitioner
And
The State of Andhra Pradesh, rep by its
Principal Secretary, Agriculture and Co-
operation Department, Secretariat, Amaravati,
Guntur District and five others.
... Respondents
Counsel for the petitioner : Sri K.Ramesh Babu
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 respondents 3 to 5 in not allowing the petitioner to continue
as Secretary of the 6th respondent Cooperative Society till
attaining 62 years age in spite of the resolution dated 28.03.2024
passed by the general body of 6th respondent enhancing the age
SRS, J
of superannuation up to the age of 62 years as illegal, arbitrary,
and contrary to G.O.Ms.No.15 Finance (HR.IV-FR&LR)
Department dated 31.03.2022 and as per G.O.Ms.No.15 dated
04.02.2019 apart from being violative of Article 14 of the
Constitution of India and consequently direct the respondents to
continue the petitioner in service till the petitioner attain the age of
62 years and pass such other or further orders ..."
2. Heard Sri K.Ramesh Babu, learned counsel for the petitioner and
learned Assistant Government Pleader for Cooperation appearing for
respondent Nos.1 to 4 and Sri A.Rajendra Babu, learned Standing
Counsel appearing for respondent No.5. Notice of respondent No.6 is
dispensed with in view of filing of General Body Resolution dated
14.11.2023 as Exhibit P.2.
3. At the hearing, learned counsel for the petitioner has drawn the
attention of this Court to the General body resolution dated 14.11.2023
passed by respondent No.6, 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
Pradesh Cooperative Societies Act and the Rules made there under.
The issue involved in the writ petition is squarely covered by order in
SRS, J
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 : 27.08.2024
TVN
SRS, J
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.18698 OF 2024
Date : 27.08.2024
TVN
