Andhra Pradesh High Court - Amravati
Sri Banala Sudharshanam vs The State Of Ap on 3 September, 2024
APHC010286432023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
TUESDAY ,THE THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 14703/2023
Between:
Sri Banala Sudharshanam ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. BOBBA VIJAYALAKSHMI
Counsel for the Respondent(S):
1. GP FOR SERVICES I
The Court made the following:
:: ORDER :
:
The above writ petition is filed under Article 226 of the Constitution of
India seeking the following relief:
"...for issuance of an appropriate Writ Order or direction more particularly one
in the nature of Writ of Mandamus declaring the action of the Respondent
No.2 and 3 authorities in trying to prevent the petitioner to be in service upto
age of 62 in 4th Respondent even after passing resolution dated 31.03.2023
by the 4th Respondent and further informing the petitioner that he would be
superannuated from 31.07.2023, thought the petitioner is entitled to be
SRS, J
service up to 62 years i.e. till 31.07.2025 thereby considering the amendment
made vide G.O.Ms.No.15 Finance (HR-IV-FR &LR) Department dated
31.01.2022 and Rule 28 (7) of the Andhra Pradesh Cooperative Societies
Rules 1964, as illegal, arbitrary and contrary to the principles of natural
justice without any jurisdiction, violative of Fundamental Rights guaranteed
under Article 14 and 21 of the Constitution of India and contrary to the
provisions of the Andhra Pradesh Cooperative Societies Act 1964 and Rules
made therein and consequently direct respondents to continue petitioner
service till 62 years and pass such other or further orders ..."
2. Heard Sri Srinivas Basava, learned counsel for the petitioner and learned
Assistant Government Pleader for Services appeared for respondents 1 to 3.
Notice of respondent No.4 is dispensed with because of the filing of General
Body Resolution dated 31.03.2024 as Exhibit P.1.
3. At the hearing, learned counsel for the petitioner has drawn the attention of
this Court to the General body resolution dated 31.03.2024 passed by
respondent No.4, 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 W.P.No.3255 of 2023 and batch. In fact,
pursuant to the common order, by following the same, writ petitions were
disposed of at the admission stage.
SRS, J
5. Given the facts and circumstances of the case, the Writ Petition is allowed
in terms of the 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 : 03.09.2024
TVN
SRS, J
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.14703 OF 2023
Date : 03.09.2024
TVN
