Andhra Pradesh High Court - Amravati
Sayyad Madarvali Saheb vs The State Of Andhra Pradesh And Others on 18 September, 2024
APHC010401302024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3331]
(Special Original Jurisdiction)
WEDNESDAY ,THE EIGHTEENTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 20481/2024
Between:
Sayyad Madarvali Saheb ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. KAMBHAMPATI RAMESH BABU
Counsel for the Respondent(S):
1. GP FOR SERVICES II
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 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 Accountant of the 6th
respondent Cooperative Society till attaining 62 years age in spite of the
resolution dated 30.03.2024 passed by the general body of 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&LR) Department
SRS, J
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 Services appeared for respondents 1 to 4 and
Ms.Naga Chandrika, learned counsel representing Sri A.Rajendra Babu, learned
Standing Counsel appeared for respondent No.5. Notice of respondent No.6 is
dispensed with in view of the filing of General Body Resolution dated 30.03.2024
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 30.03.2024 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 common 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 : 18.09.2024
TVN
SRS, J
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.20481 OF 2024
Date : 18.09.2024
TVN
