Shaik Nazeer Basha vs The State Of Andhra Pradesh
2024 Latest Caselaw 9784 AP

Andhra Pradesh High Court - Amravati

Shaik Nazeer Basha vs The State Of Andhra Pradesh on 23 October, 2024

APHC010468322024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                   [3331]
                          (Special Original Jurisdiction)

          WEDNESDAY ,THE TWENTY THIRD DAY OF OCTOBER
               TWO THOUSAND AND TWENTY FOUR

                              PRESENT

         THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

                     WRIT PETITION NO: 24014/2024

Between:

  1. SHAIK NAZEER BASHA, S/O. SHAIK MOULALI SAHEB, AGED
     ABOUT 60 YEARS, OCC SUB STAFF, CHEJERLA PACS, CHEJARLA
     VILLAGE AND MANDAL SPSR NELLORE DISTRICT.

                                                        ...PETITIONER

                                 AND

  1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
     SECRETARY,    AGRIL. MARKETING AND COOPERATION
     DEPARTMENT SECRETARIAT, VELGAPUDI, AMARAVATI GUNTUR
     DISTRICT.

  2. THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF
     COOPERATIVE SOCIETIES, SKYLARK TOWERS, D.NO.2-16-83,
     11RD LANE SHYAMALA NAGAR, GUNTUR, GUNTUR DISTRICT.

  3. CHEJARLA PRIMARY AGRICULTURE COOPERATIVE SOCIETY
     LTD, NO. V.6110, CHEJERLA VILLAGE AND MANDAL SPSR
     NELLORE DISTRICT REP.BY ITS OFFICIAL PERSON IN-CHARGE,

  4. THE DISTRICT COOPERATIVE          OFFICER,      NELLORE,   SPSR
     NELLORE DISTRICT.

  5. THE DIVISIONAL COOPERATIVE OFFICER, NELLORE, SPSR
     NELLORE DISTRICT.

                                                    ...RESPONDENT(S):
       Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased to pleased to issue a Writ, order or direction more particularly one in
the nature of Writ of Mandamus declaring the action of the Respondents 3
and 4 in issuing the orders in RC.No.4/2024, dated 10.10.2024 directing the
petitioner to retire from service on 31.10.2024 as Sub Staff of Primary
Agriculture Coop, society Ltd. No. V.6110, Cherjerla Mandal, SPSR Nellore
District is illegal, arbitrary and unconstitutional and violation of G.O. Ms.No.15
Fiance (HR IV-FR and LR) Department dated 31-1-2022 and also the
General Body Resolutions dated 07.03.2022 and 29.03.2023 of the 3rd
respondent and set aside the order in RC No.4/2024, dated 10.10.2024 and
consequently direct the respondents 3 and 4 to continue the petitioner as Sub
Staff of Chejerla Primary Agriculture Coop, society Ltd. No. V.6110, Chejerla
Mandal, SPSR Nellore District till the petitioner attains superannuation of 62
years and pass

IA NO: 1 OF 2024

      Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
direct the respondents 3 and 4 to continue the petitioner as Sub Staff of
Chejerla Primary Agriculture Coop, society Ltd. No. V.6110, Chejerla Mandal,
SPSR Nellore District till the petitioner attains age of superannuationof 62
years by suspending the orders of the 3rd respondent in RC No.4/2024, dated
10.10.2024 pending disposal of the writ petition and pass

Counsel for the Petitioner:

   1. T BALAJI

Counsel for the Respondent(S):

   1. GP FOR SERVICES

The Court made the following:

                                       ::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 action of the Respondents 3 and 4 in issuing the orders in RC.No.4/2024, dated 10.10.2024 directing the petitioner to retire from service on 31.10.2024 as Sub Staff of Primary Agriculture Cooperative society Limited No.V.6110, Cherjerla Mandal SPSR Nellore District is illegal, arbitrary and unconstitutional and violation of G.O.Ms.No.15 Finance (HR IV- FR & LR) Department dated 31.01.2022 and also the General Body Resolutions dated 07.03.2022 and 29.03.2023 of the 3rd respondent and set aside the order in RC No.4/2024, dated 10.10.2024 and consequently direct the respondents 3 and 4 to continue the petitioner as Sub Staff of Chejerla Primary Agriculture Cooperative society Limited No.V.6110, Chejerla Mandal, SPSR Nellore District till the petitioner attains superannuation of 62 years and pass such other or further orders ..."

2. Heard Sri T.Balaji, learned counsel for the petitioner and Sri R.S.Manidar

Pingali, learned Assistant Government Pleader for Services for respondents 1,

2, 4 and 5. Notice of respondent No.3 is dispensed with the given filing of

General Body Resolution dated 29.03.2024 (Ex.P.3) whereby the age of

superannuation of its employees is being extended from 60 to 62 years.

3. Learned counsel for the petitioner would submit that petitioner initially

joined as Attender in the 3rd respondent society on 01.02.1998 and later he

was promoted as Sub Staff on 01.08.2011 and has been discharging his

duties.

4. Learned counsel has drawn attention of this Court to the General Body

Resolution dated 29.03.2024 (Ex.P.3) whereby it was resolved to enhance the

age of superannuation of employees of the 3rd respondent society from 60 to

62 years. In fact, the CEO of the society filed W.P.No.17001 of 2022 assailing

the action of the society in not extending the age of superannuation from 60 to

62 years. The said writ petition was allowed on 09.05.2024 in terms of

common judgment dated 06.05.2024 in W.P.No.3255 and Batch. Learned counsel would also submit that no appeal was filed against the said order and

it become final.

5. Be that as it may, personal in-charge issued proceedings vide

RC.No.4/2024, dated 10.10.2024 (Ex.P.1) intimating the petitioner

superannuation on 31.10.2024 on attaining the age of 60 years basing on HR

Policy guidelines. Learned counsel for the petitioner would also submit that

the HR Policy guidelines don't bind the society being an Autonomous Body.

6. Learned Assistant Government Pleader for Services, in view of the legal

position specifically Rule 28(4) and 28(7) of the Rules would contend that the

3rd respondent society is not an Autonomous Body passed resolution

extending the age of superannuation as per Ex.P.3 would submit that HR

Policy guidelines are general in nature and does not bind any society.

7. As seen from Ex.P.3, General Body of the 3rd respondent society

passed resolution extending the age of superannuation to its employees from

60 to 62 years. The society being Autonomous, the resolution passed by the

General Body binds the society. The Coordinate Bench of this court in

W.P.No.3255 of 2023 and Batch, allowed the batch of writ petitions. By

following the order of CEO of the 3rd respondent filed the W.P.No.17001 of

2022, the said writ petition was allowed on 09.05.2024.

8. Given the facts and circumstances of the case, the Writ Petition is

allowed at the stage of admission by setting aside the proceedings issued by

the CEO of 3rd respondent society vide RC.No.4/2024, dated 10.10.2024. The 3rd respondent shall continue the petitioner till the petitioner attains the age of

superannuation of 62 years as per resolution dated 29.03.2023 (Ex.P.3).

There shall be no order as to costs.

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

___________________________ JUSTICE SUBBA REDDY SATTI Dated: 23.10.2024 SNI THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.24014 OF 2024

Dated: 23.10.2024 SNI