The High Court dismissed a writ petition challenging the delay in enhancing the age of superannuation in a cooperative federation case due to non-prosecution by the petitioner despite the matter being listed for dismissal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
WEDNESDAY, THE THIRTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 30293 OF 2015
Between:
P. Ashok Kumar, S/o.Venkata Rao, Age 58 years, Occ: Asst. Manager, A.P.Cooperative Housing Societies Federation, Regional Office, Kamayyatopu Centre, Kavuri Towers, Vijayawada -7.
...PETITIONER
AND
...RESPONDENTS
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 issue a Writ, order or direction and moreparticularly oneinthenature of Writ of Mandamus declaring the inaction on the part of the 4th respondent/ A.P. Cooperative Housing Societies Federation Limited, in passing resolution enhancing the aged of superannuation of its employees form 58 years 60 years in pursuance of the communication forwarded by the 2nd respondent/ Commissioner for Cooperation and Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad through his proceedings in Rc.No.8350/2014/CR-1dated28-5-2015as arbitrary, illegal and violative of Article 14, 16and 21 of the Constitution and further direct the 4th respondent I A.P. Cooperative Housing Societies Federation Limited to take steps immediately to pass resolutionasto enhancementofageof superannuation of its employees from 58 to 60 years as heis applicable to the Government servants as per Sec.3 of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act,2014 notified in the official Gazzette dated 27-6-2014.
I.A. NO: 1 OF 2015(WPMP. NO: 39175 OF 2015)
Petition under Section 151 CPC praying that in thecircumstancesstated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents/A.P. Cooperative Housing Societies Federation not effect retirement of the petitioner herein as proposed in its proceedings in Rc.No.3800/2013-E dated 3-2-2015 until and unless the 4*^ respondent takes decision as to enhancement of the age of superannuation from 58 to 60 years as applicable to the Government Servants provided underSec.3oftheAct, 2014by passing a resolution pending disposal of the main writ petition.
I.A. NO: 2 OF 2015fWPMP. NO: 40348 OF 2015)
Petition under Section 151 CPC praying that in thecircumstancesstatedin the affidavit filed in support of the petition, the High Court may be pleased direct the respondents 3 and 4 for inclusion of the matter of enhancement of the age of superannuation of its employees on par with Govt. Servants as per Sec.3 of Act No. 4 of 2014 on the agenda of the MC Meeting and then in the General Body Meeting of the 3'"'' respondent A.P. Cooperative Housing Societies Federation proposed to be held on 29-9-2015 pending main writ petition.
Counsel for the Petitioner: SRI Y. SUBRAHMANYAM
Counsel for the Respondent Nos.1 to 2: GP FOR COOPERATION
Counsel for the Respondent Nos.3 & 4: SRI ARAVINDUMATURI
The Court made the following: ORDER
THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.30293 OF 2015
ORDER;
Despite the matter being posted under the caption “for
dismissal”, there is no representation for the petitioner today.
Therefore, it evinces that the petitioner has no interestfor
prosecuting the case.
Accordingly, the present Writ Petition is dismissedfornon prosecution.
As a sequel, miscellaneous petitions, if any, pendinginthis
writ petition shall stand closed.
//TRUE COPY//
Sd/- G.HELA NAIDU ASSISTANTREGISTRAR ECTfON OFFICER
To,
ssb A'O'
D
HIGH COURT
f
DATED:13/12/2023 ■';i'
ORDER
WP.No.30293of2015
•7(apfe3 (l3lS‘f
DISMISSING THE W.P. FOR NON-PROSECUTION WITHOUT COSTS
P. Ashok Kumar
The State of Andhra Pradesh
The Commissioner of Cooperation & Registrar of Cooperative Societies
A.P. Cooperative Housing Societies Federation Limited
The Chairman, A.P. Cooperative Housing Societies Federation Limited
Tarlada Rajasekhar Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
