P.Venkata Reddy, vs The State Of Andhra Pradesh,
2024 Latest Caselaw 4810 AP

Andhra Pradesh High Court - Amravati

P.Venkata Reddy, vs The State Of Andhra Pradesh, on 26 June, 2024

 IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
      THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
                  WRIT PETITION No.12626 OF 2024
Between:
P.Venkata Reddy, S/o P.Chidananda Reddy,
Aged about 60 years, Occ: Chief Executive
Officer, Aluru, Primary Agriculture Cooperative
Credit Society, Aluru Mandal, Kurnool District -
518395.
                                                              ... Petitioner
And
The State of Andhra Pradesh, rep by its
Principal Secretary, Agricultural & Co-operation
Department,     Secretariat    at    Velagapudi,
Amaravati, Guntur District and five others.
                                                            ... Respondents

Counsel for the petitioner                 : Smt. V.Himabindu
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 Chief Executive Officer of the 6th respondent Cooperative Society till attaining 62 years age in spite of the resolution dated 30.09.2023 passed by General Body of the 6th respondent enhancing the age of superannuation up to the age of 62 years as illegal arbitrary and contrary to G.O.Ms.No.15 Finance (HR.IV-FR

SRS, J

& LR) Department dated 31.01.2022 and as per G.O.Ms.No.15 dated 04.02.2019. G.O.Ms.No.36, dated 01.03.2019 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 Smt.V.Hima Bindu, learned counsel for the petitioner and

Sri P.Vara Prasad, learned Assistant Government Pleader appearing

for respondent Nos.1 to 3.

3. Learned counsel for the petitioner has drawn attention of this

Court to the General body resolution No.4 dated 20.05.2024 and the

proceedings of the Executive Committee dated 20.05.2024 filed along

with memo vide USR No.52012/2024 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

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.

SRS, J

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 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 : 26.06.2024 TVN

SRS, J

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.12626 OF 2024

Date : 26.06.2024 TVN