Andhra Pradesh High Court - Amravati
Tummalapalli Subbarao, 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.18193 OF 2024
Between:
Thummalapalli Subbarao, S/o Late Venkayya,
Aged 59 years, R/o D.No.3-355, Mandapam
Veedhi, Sarpavaram, Kakinada Rural,
Kakinada District - 533005.
... Petitioner
And
The State of Andhra Pradesh, rep by its
Principal Secretary, Co-operation Department,
Secretariat Buildings, Velagapudi, Amaravati,
Guntur District and four others.
... Respondents
Counsel for the petitioner : Sri G.V.Shivaji
Counsel for respondents : GP for Services - I
ORDER
The above writ petition is filed under Article 226 of the
Constitution of India seeking the following relief:
"...to issue a writ order or direction more particularly one In the
nature of writ of Mandamus declaring the Impugned action of the
5th respondent PACS In issuing Impugned notice dt 13.06.2024,
for superannuating the petitioner w.e.f 16.01.2025 proceeding to
superannuate the petitioner at the age of 60 years, though
petitioner is entitled to be in service upto 62 years i.e. 16.01.2027
as per the amendment made vide G.O.Ms.No.15 Finance (HR, IV-
FR&LR) Department dt 31.01.2022, and also as per the resolution
dt 30.05.2024, made by the 5th respondent society, as highly
SRS, J
illegal, arbitrary, violative of Article 14 and 16 of the Constitution of
India and also contrary to A.P. Co-operative Societies Act,
consequently direct the respondents to continue the petitioner
upto completion of age of 62 years in the Interest of justice and
pass such other or further orders ..."
2. Heard Sri G.V.Shivaji, learned counsel for the petitioner and
learned Assistant Government Pleader for Cooperation appearing for
respondent Nos.1 to 4. Notice of respondent No.5 is dispensed with in
view of filing of General Body Resolution dated 13.06.2024.
3. Learned counsel for the petitioner would submit that the
petitioner has been working as Chief Executive Officer in respondent
No.5 Society. The Chairman of the Society intimated the petitioner vide
Ex.P1 dated 13.06.2024 regarding his date of retirement i.e. on
16.01.2025 on attaining the age of 60 years. He also would submit that
the notice issued vide Ex.P1 is contrary to the resolution passed by the
respondent No.5 Society on 13.06.2024.
4. At the hearing, learned counsel for the petitioner has drawn the
attention of this Court to the General body resolution dated 13.06.2024
passed by respondent No.5, 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.
5. 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
SRS, J
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
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.
6. 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.18193 OF 2024
Date : 27.08.2024
TVN
