Disposed

Smt. P. Varalakshmi, v. The State of Andhra Pradesh, Rep by its Principal Secretary

Andhra Pradesh HC24 Nov 2023WP/35873/2015

Case brief

AI extract

What is this about?

Single-judge order in an equity petition noting that the petitioner's grievance regarding age of superannuation was cured. The petitioner had continued service till age 60 following court directions and statutory amendment, rendering the writ petition devoid of cause.

What did the court decide?

Writ Petition No.35873 of 2015 closed on ground that relief granted; Miscellaneous petitions stood closed.

Smt. P. Varalakshmi, Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2023)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AWIARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION NO: 35873 OF 2015

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Between:

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Smt. P. Varalakshmi,, D/o. Ramulu, aged 58 years, R/o. H.No. 2-14, Bavarajapalem (V), Ranasthalam (Post & Mandal) Srikakulam District^-532407.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep by its Principal Secretary,, Food and Agriculture and Cooperation Department, Secretariat, Hyderabad.

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The Commissioner for Cooperation and Registrar of. Cooperative Societies State of Andhra Pradesh, Hyderabad.

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The District Cooperative Officer,, Srikakulam District. 4. The Divisional Cooperative Officer,, Srikakulam,^{SrikakulamDistrict.} 5. The Ranasthalam Farmers Cooperative Society Limited,, Ranasthalam,

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Srikakulam District, Rep. by its President.

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...RESPONDENTS

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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 more particularly^one in the nature of writ of Mandamus declaring the impugned action of the 4th Respondent in issuing impugned Proceeding vide R.C. No. 2099/15-B, dated 14-09-2015 as illegal, arbitrary, violative of Article 14 and 16^{ofConstitutionofIndiaandwithout} jurisdiction apart form contrary to A.P. Cooperative Societies Act and Govt. Memo No. 5825/Coop.III/2014-7, dated 23-052015 and^{setasidethesame.}

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lA NO: 2 OF 2023

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to grant leave for filing counter affidavit in the writ petition No.35873/2015.

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lA NO: 1 OF 2023

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Between:

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The State of Andhra Pradesh, Rep by its Principal Secretary,, Food and Agriculture and Cooperation Department, Secretariat, Hyderabad.

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The Commissioner for Cooperation and Registrar of. Cooperative Societies, State of Andhra Pradesh, Hyderabad.

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The District Cooperative Officer,, Srikakulam District.

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The Divisional Cooperative Officer,, Srikakulam,^{SrikakulamDistrict.}

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...Petitioners/Respondents

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AND

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Smt. P. Varalakshmi,, D/o. Ramulu, aged 58 years, R/o. H.No. 2-14, Bavarajapalem (V), Ranasthalam (Post & Mandal) Srikakulam District - 532407. ... Respondent / Petitioner

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The Ranasthalam Farmers Cooperative Society Limited,,^Ranasthalam, Srikakulam District, Rep. by its President.

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... Respondent /Respondent

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(R2 is not necessary parties in this Petition)

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dt: 13-06-2016 in WPMP.No.46120/2015 in WP.No.35873/2015 and dismiss the writ petition.

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Counsel for the Petitioner(s): SRI. G V SHIVAJI

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Counsel for the Respondents 1 to 5 : GP FOR COOPERATION

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The Court made the following: ORDER

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\ V

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THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

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WRIT PETITION No.35873 OF 2015

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ORDER:

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The grievance of the petitioner herein in the Writ Petition is that the petitioner was attaining 58 years of age, which was prescribed as age of Superannuation under the Service Regulations. The petitioner made a request for continuation of service till she attains 60 years age in pursuance^{oftheamendment} to the provisions of the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2014 (Act No.4 of 2014), which came into force with effect from^02.06.2014as per the said amendment, the age of superannuation/retirementⁱⁿ respect of all employees under the Government has been^extended from 58 years to 60 years.

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In view of the same, the respondents have filed the proceedings, where forms part of this record stating that the petitioner has continued the service, as per the directions issued by this Court and petitioner had continued the service till the age of 60 years, and the petitioner retired from the service at the age of 60 years.

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Therefore, nothing survives in the present writ petition. as the relief sought by the petitioner was granted by the respondents. Therefore, the present Writ Petition is^closed.

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As a sequel, miscellaneous petitions, if any, pending^inthis

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Writ Petition shall stand closed.

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Sd/- K. KASI RAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// /Vj-—' SECTION OFFICER

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To, 1. One CC to SRI. G V SHIVAJI, Advocate [OPUC] 2. Two CCs to GP for COOPERATION, High Court of Andhra Pradesh. [OUT] 3. Three CD Copies Madhu

HIGH COURT

DATED:24/11/2023

ORDER

WP.No.35873 of 2015

CLOSING THE WP WITHOUT COSTS

Smt. P. Varalakshmi, v. The State of Andhra Pradesh, Rep by its Principal Secretary

Case brief

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Smt. P. Varalakshmi, v. The State of Andhra Pradesh, Rep by its Principal Secretary

Case brief

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