A cooperative society's CEO challenged his forced retirement at 60 without extension of superannuation to 62. The court held that an autonomous cooperative body must itself pass a General Body resolution to extend superannuation; no such resolution was passed, so the petition was dismissed.
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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)
TUESDAY, THE THIRD DAY OF SEPTEMBER ^
TWO THOUSAND AND TWENTY FOUR ■a.
A
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATtN^
WRIT PETITION NO: 15231 OF 700^
Between:
Lenka Rama Murthy, S/o. Late L Bangari Naidu, Occ. Chief Executive Officer (CEO), aged about 60 years, R/o. Poran Village. Mentada Mandal, Vizianagaram District, Andhra Pradesh
...Petitioner
AND
...Respondents
■ C.T. amended as fonoo®'’ 1/12/2023 vide IA.No.2 of 2023 In WP.No.15231 of 2023 m petition & affidavit.
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 pray that this Hon'ble Court 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.5 in asking petitioner to retire by 30.06.2023 and Respondent No.2 to 5 in not allowing the petitioner to be in service upto age of 62 in 5th Respondent even after passing resolution dated 21.06.2023, thought the petitioner is entitled to be service upto 62 years i.e., till 31.05.2025 and considering the amendment made vide G.O.Ms.No.15 Finance (HR-IV-FR andLR) Department dated 31.01.2022, as illegal, arbitrary and contrary to the principles of natural justice, without • any juridiction, 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
lA NO: 1 OF 202.^
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the service of the petitioner upto age of 62 years, pending disposal of the above Writ Petition.
Counsel for the Petitioner: SRI SRINIVASA BASAVA FOR SMT BOBBA VIJAYALAKSHMI
Counsel for the Respondents: GP FOR SERVICES - I Counsel for the Respondents: SMT V.UMADEVI, SC for DCB
The Court made the following order:
IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI
THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.15231 OF 2023
Between:
Sri Lenka Rama Murthy, S/o Late L Bangari Naidu, Occ: Chief Executive Officer (CEO), aged about 60 years, R/o Poran Village, Mentada Mandal, Vizianagaram District, Andhra Pradesh. ... Petitioner
And The State of Andhra Pradesh, rep by its Principal Secretary, Agriculture and Co operation Department, Secretariat, Amaravati, Guntur District and four others. ... Respondents Counsel for the petitioner ; Smt.B.Vijaya Lakshmi Counsel for respondents : GP for Services -
ORDER
The above writ petition is filed to declare the action of respondent No.5 in intimating the petitioner about his date of retirement i.e., on 30.06.2023, without extending the age of superannuation from 60 years to 62 years, as illegal and arbitrary.
«
Page 2 of 3
SRS, J W.P.No.15231 of 2023
- Heard Sri Srinivas Basava, learned counsel appeared through online and learned Assistant Government Pleader for Services appeared for respondents 1 to 3.
- At the hearing, learned counsel for the petitionerwouldsubmit that General Body of respondent No.5 has not passed any resolution extending the age of superannuation of its employees from 60 years to 62 years.
- Respondent No.5, being autonomous body must pass a resolution to extend the age of superannuation of its employees. The case at hand, no such resolution was passed by the society. Hence, this Court does find any merit in the writ petition and the writ petition is liable to be dismissed.
- Accordingly, the Writ Petition is dismissed. Thereshallbeno order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
To,
SDI- K.SRINIVASA RAJU //TRUE COPY// assistant,REGISTRAR i' SECTION^ OFFICER
RAM
HIGH COURT
DATED:03/09/2024
ORDER
WP.No.15231 of 2023
i 2 5 SEP 202't Co
. Current Section .
^Sspatcv\€2i(^^
DISMISSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the petitioner's age of superannuation could be extended from 60 to 62 years without a resolution by the society's General Body.
3 provisions across 3 enactments
Lenka Rama Murthy
The State of Andhra Pradesh, rep. by its Principal Secretary, Agriculture and Co-operation Department
The District Cooperative Officer, Vizianagaram District
The Divisional Cooperative Officer, Vizianagaram District
Vizianagaram District Cooperative Central Bank Ltd., rep. by its Chief Executive Officer
The Jakkua Primary Agricultural Cooperative Credit Society, No.VR197
Subba Reddy Satti
As recorded by the court registry
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