In this writ petition, the Court disposed of the matter as infructuous. Although the petitioner had filed a writ to extend their superannuation age from 58 to 60 years, the Court held that the petitioner had already retired at the statutory age, rendering the prayer moot.
None granted; petition disposed as infructuous.
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.
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THE HON’BLE SMT JUSTICE VENKATA JYOTHIRMAI PRATAPA
WRIT PETITION No.6749 OF 2019
ORDER:
This Writ Petition is filed under Article 226 of the Constitution of India, seeking the indulgence of the Court with the following prayer:
“……to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the 5th respondent in not extending the age of superannuation of the petitioner from 58 years to 60 years in pursuance of the rules made under G.O.Ms.No.15, Agriculture and Co-operation (COOP-III) Department, Dt.04.02.2019 of the 1st respondent as illegal, arbitrary, unreasonable and violation of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently set-aside the proceedings of the 5th respondent dt.15.05.2019 and direct the 5th respondent to extend the age of superannuation of the petitioner from 58 years to 60 years as per the rules made under G.O.Ms.No.15, Agriculture and Cooperation (COOP-III) Department, dt.04.02.2019 of the 1st respondent”.
the relief prayed in this petition has become infructuous, since the petitioner retired from the service after attaining the age of super
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annuation of 60 years. Learned counsel submits that the petition may be disposed of.
“Learned Government Pleader for Cooperation takes notice for the respondents. Considering the submissions of the petitioner’s counsel that this Court in similar circumstances passed an order dated 01.05.2019, in W.P. No.5731 of 2019, continuing the services of the petitioner therein in the Department. A perusal of the said order, which is filed before this Court would show that by considering G.O.Ms.No.15, Agriculture and Cooperation (COOP-III) Department, dated 04.02.2019, which extended the age of superannuation from 58 to 60 years, this Court granted the said relief. Hence, in terms of the said order, this petitioner also shall be continued in service and the payment of salary beyond 31.05.2019 will depend on further orders”.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
Date: 23.11.2023. PND
_____________________________________ JUSTICE VENKATA JYOTHIRMAI PRATAPA
1 issue framed by the court
Whether the writ petition seeking extension of superannuation age should be disposed of as meditated on the ground of infructuousness.
PETITIONER
GOVERNMENT OF ANDHRA PRADESH
STATE OF ANDHRA PRADESH
SERVICE TAX DIVISIONAL COMMISSIONER ANDHRA PRADESH
DEPUTY DIRECTOR SERVICES TAX DIVISION
VENKATA JYOTHIRMAI PRATAPA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
