Disposed

Adireddi China Appa Rao v. the State of Andhra Pradesh

Andhra Pradesh HC5 Sept 2024WP/19353/2024

Case brief

AI extract

What is this about?

An Accountant of a primary agricultural co-operative society challenged his termination at age 60 after the society's General Body had resolved to raise superannuation to 62. Holding the resolution binding on the autonomous society, the High Court directed respondents to continue him in service till age 62, disposing of the writ petition at admission.

What the court decided

AI extract

Adireddi China Appa Rao Vs the State of Andhra… — Cooperative Societies | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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FRIDAY, THE SIXTH DAY OF SEPTEMBER

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19353 OF 2024

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Between:

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Adireddi China Appa Rao, S/o Late Sri Suryanarayana, Hindu, Age; 62 years, Occ Accountant, R/o. 10-2-81, Vinjamurivari Veedhi, Pithapuram - 533 450, Kakinada District

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its PrI. Secretary Co-operation Department, A.P. Secretariat, Velagapudi - 522 237,^{GunturDistrict}

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State of Andhra Pradesh, Rep. by its PrI. Secretary,^Financeand Planning Department, A.P. Secretariat, Velagapudi - 522 237, Guntur District

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The Commissioner for Co-operation and Registrar of Co-operative Societies-AP, Guntur - 522 001, Guntur District

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The District Co-operative Officer, Kakinada - 533 005,^{KakindaDistrict} 5. The Divisional Co-operative Officer/Dy. Registrar of Co-op. Societies, Kakinada - 533 005, Kakinda District

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The District Co-operative Central Bank Ltd, Rep. by CEO, Kakinada - 533 005 Kakinada District

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The Agraharam Primary Agricultural Co-Op Credit Society Ltd., No. C 683 Pithapuram - 533 450, Kakinada District, Rep. by its Official

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Person-in-charge

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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

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be pleased to issue a writ order or direction more^{particularlyone} in the , "nature of WRIT OF MANDAMUS declaring the action of the 7^^ respondent T terminating the petitioners service by passing resolution dated for explanation from ’^^3-07-2024 without giving opportunity or calling '''■^-petitioner or verifying the resolutions of the^{GeneralBodyofthesociety} amending the bye-laws in respect of the superannuation^{oftheemployees} from 60 to 62 years and preventing the petitioner from^{continuinginservice} up to 62 years in the 7**^ respondent society by considering^theamendment made vide G.O.MS No. 15 Finance (HR.IV FR and LR) Dept,^dated31-01- 2022 and Rule 28 (7) of the A.P. Co-operative Society^Rulesas illegal, arbitrary and violative of Articles 14, 19 and 21 of^{theConstitutionofIndia} and consequently direct the respondents to allow the^petitionerto continue in service as Accountant of the 7th respondent Society^till he attains the age of 62 years in consonance with G.O.Ms.No.15 Finance^{(HR.IVFRandLR)} Dept., dated 31-01-2022.

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lA NO: 1 OF 2024

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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 services^{ofthepetitioner} as Accountant of the 7'^ respondent Society till he attains the age of 62 years in consonance with G.O.Ms.No.15, Finance (HR.IV FR & LR) Department, dated 31-01-2022, pending disposal of the present writ petition.

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Counsel for the Petitioner: SRI N. SIVA REDDY

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Counsel for the Respondent Nos.1 to 5: GP FOR SERVICES I Counsel for the Respondent No.6: SRI SRINIVAS BASAVA,^SCFOR

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DCCBL

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Counsel for the Respondent No.7:— The Court made the following: ORDER

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APHC010379602024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331] (Special Original Jurisdiction)

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FRIDAY,THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 19353/2024

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Between;

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Adireddi China Appa Rao ...PETITIONER

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AND

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The State Of Andhra Pradesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.N SIVA REDDY Counsel for the Respondent(S): 1.GP FOR SERVICES I 2.SRINIVAS BASAVA

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The Court made the following:

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:: ORDER ::

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The above writ petition is filed under Article 226 of the Constitution of

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India seeking the following relief:

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“...to issue a writ order or direction more particularly^one in the nature of WRIT OF MANDAMUS declaring the action of the 7'^ respondent in terminating the petitioners service by passing resolution^{dated13-07-2024} without giving opportunity or calling for explanation from petitioner or

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Page 2 of 4

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SRS.J W.P.No.19353 of 2024

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verifying the resolutions of the General Body of the^{societyamendingthe} byelaws in respect of the superannuation of the employees^from60to62 years and preventing the petitioner from continuing in service up to 62 years in the 7*'' respondent society by considering^{theamendmentmade} vide G.O.MS.No.15 Finance (HR.IV FR & LR) Dept., dated 31-01-2022 and Rule 28 (7) of the A.P. Co-operative Society Rules^{asillegal,arbitrary} and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to allow the petitioner^tocontinue in service as Accountant of the 7'^ respondent Society^{tillheattainstheage} of 62 years in consonance with G.O.MS.No.15 Finance^(HR.IVFR&LR) Dept., dated 31-01-2022 and pass such other order or^orders ...”

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Heard Sri N.Siva Reddy, learned counsel for the petitioner^andlearned Assistant Government Pleader for Services appeared for respondents 1 to 5 and Sri Srinivas Basava, learned Standing Counsel appeared^for respondent No.6. Notice of respondent No.5 is dispensed with in^{viewoffilingofGeneral} Body Resolution dated 12.09.2022 (Ex.P5).

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Earlier, the petitioner filed W.P.No.15295 of 2023^{assailingtheactionof} respondent No.7 in not extending the age of superannuation^{from60yearsto} 62 years. In the affidavit, it was stated regarding^{theresolutionpassedbythe} Society dated 12.09.2022 extending the age of superannuation^from60years to 62 years. In para No.2 of the counter affidavit, it was contended about the General Body resolution dated 27.09.2022, wherein it was resolved to enhance the age of superannuation from 60 years to^{62yearsinrespectof} ^employees in the Society. Given the interim order^passed in the said writ petition, the petitioner continued in the service. Later, by order dated 06.05.2024, the said writ petition was dismissed on^{thegroundthatthecopy} of the resolution passed by the Society was not placed^{beforetheCourt.}

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SRS,J W.P.No. 19353 of 2024

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f Page 3 of 4

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Learned counsel for the petitioner would submit that copy of the resolution was filed along with the counter affidavit in W.P.No.15295 of 2023. However, the same was not brought to the notice of the Court. He also would submit that since the writ petition was dismissed, respondent No.7 is not allowing the petitioner to continue in the service and hence a fresh cause of action arose to file the writ petition.

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A perusal of material available on record, respondent No.7 is an autonomous body and a resolution was passed on 12.09.2022 extending the age of superannuation from 60 years to 62 years. The resolution passed on 27.09.2022 binds respondent No.7. 6. Given the facts and circumstances of the case and since the resolution was passed on 27.09.2022 extending the age of superannuation from 60 years to 62 years, the Writ Petition is disposed of, at the stage of admission with the consent of both the learned counsel, directing the respondent authorities to continue the petitioner in service till he attains the age of 62 years. There shall be no order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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SD/- K.SRINIVASA RAJU //TRUE COPY// ASSISTANT/REGIST3AR SECfT( FICER

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To,

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The PrI. Secretary, Co-operation Department, State^{ofAndhraPradesh,} A.P. Secretariat, Velagapudi - 522 237, Guntur District

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The PrI. Secretary, Finance and Planning Department,^{StateofAndhra} Pradesh, A.P. Secretariat, Velagapudi - 522 237, Guntur^District

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The Commissioner for Co-operation and Registrar of Co-operative Societies-AP, Guntur - 522 001, Guntur District

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The District Co-operative Officer, Kakinada - 533 005, Kakinda^District 5. The Divisional Co-operative Officer/Dy. Registrar of Co-op. Societies, Kakinada - 533 005, Kakinda District

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The CEO, District Co-operative Central Bank Ltd., Kakinada - 533 005 Kakinada District

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The Official Person-in-charge, Agraharam Primary Agricultural Co-Op Credit Society Ltd., No. C 683 Pithapuram - 533 450, Kakinada^District.

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One CC to Sri N. Siva Reddy, Advocate [OPUC] 9. One CC to Sri Srinivas Basava, SC for DCCBL[OPUC] 10. Two CCs to GP for Services-I, High Court of Andhra^Pradesh.

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[OUT]

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Three CD Copies.

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HIGH COURT

DATED:06/09/2024

ORDER WP.No.19353 of 2024

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* Current Section .

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DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS

Adireddi China Appa Rao v. the State of Andhra Pradesh

Case brief

What is this about?

What the court decided

Adireddi China Appa Rao v. the State of Andhra Pradesh

Case brief

What is this about?

What the court decided

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