Allowed

P.DathatreyuIu v. The State of Andhra Pradesh

Andhra Pradesh HC1 Jul 2024WP/6948/2024

Case brief

AI extract

What is this about?

In WP No. 6948 of 2024, the single judge allowed the petition, following a common order in WP No. 3255 of 2023, to enable the petitioner to continue service as C.E.O until age 62 years. The court declared the attempt to prevent service continuation illegal and arbitrary.

What did the court decide?

The writ petition is allowed. The petitioner is directed to continue service until attaining age 62 years.

P.DathatreyuIu Vs The State of Andhra… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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

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TUESDAY, THE SECOND DAY OF JULY 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: 6948 OF 2024

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Between:

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P.Dathatreyulu, S/o P.Hanumanthaiah, age about 59 years, Occ CEO, Kadimetia Primary Agriculture Co operative Society Ltd., at Yerrakota Village, Yemmiganur Mandal, Kurnool District.

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...Petitioner

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Agriculture and CoOperation Department, Secretariat Buildings, Velagapudi, Amaravathi.

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The Commissioner and Registrar of Cooperative Societies, State of Andhra Pradesh at Guntur.

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The District Cooperative Officer, Kurnool District^atKurnool.

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The Kadimetia Primary Agriculture Co operative Society Ltd., at Yerrakota Village, Yemmiganur Mandal, Kurnool District, Rep. By its Chair Person.

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...Respondents

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ,^{Orderordirectionmore} particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to prevent me from continuing my service as CEO

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of the 4th respondent till I attaining of my age of 62 years, even after passing the resolution dated 05-02-2024 by the 4th respondent society and further I would superannuated from 31- 05-2024, though I am entitled for continuation of my service till I attaining the age of my 62 years, i.e., till 3105-2026, thereby considering the amendment made by the State Government vide GO.Ms.No.15.Finance (HR-IV-FR and LR) Department, dated 31- 01-2022 and Rule 28(7) of AP.Co-operative Societies Rules, 1964, as illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to continue the service of the petitioner till attaining his age of 62 years by applying the GO.Ms.No.15.Finance (FIR-IV-FR and LR) Department,^{dated31-01-2022.}

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lA NO: 1 OF 2024

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Fligh Court may be pleased to direct the respondents to continue the service of the petitioner till attaining his age of 62 years, pending disposal of writ petition.

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Counsel for the Petitioner: SRI. KARANAM VASANTHA KUMAR

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Counsel for the Respondent Nos. 1 to 4: GP FOR SERVICES II

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH; AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.6948 OF 2024,

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P.Dathatreyulu, s/o P.hanumanthaiah, Aged about 59^years, Occ; CEO, Kadimetia Primary Agriculture Co-operative Society Ltd. at Yerrakota Village, Yemmiganur Mandal, Kurnool District. ... Petitioner

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Versus

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The State of Andhra Pradesh, rep. by its Principal Secretary, Agriculture & Co-operation Department, Secretariat Buildings, Velagapudi, Amaravati and four others.

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... Respondents

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; Sri K.Vasantha Kumar Counsel for the petitioner ; GP for Services-ll Counsel for respondents

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:: ORDER ::

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The above writ petition is filed seeking the following^relief;

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...declare the action of the respondents in trying^topreventme CEO of the 4‘^ respondent till I

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from continuing my service as even after passing the

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attaining of my age of 62 years resolution dated 05.02.2024 by the 4'*^ respondent^societyand further I would superannuated from 31.05.2024, though I am entitled for continuation of my service till I attaining^theageof till 31.05.2026, thereby considering the

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my 62 years, i.e. amendment made by the State Government vide G.O.Ms.No.15

SRS, J wp_6948_2024

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Finance (HR-IV-FR and LR) Department, dated 31.01.2022^and Rule 28(7) of A.P.Co-operative Societies Rules, 1964, as illegal and arbitrary...”

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Heard learned counsel for the petitioner, Sri Vara Prasad, learned Government Pleader for Cooperation appearing for respondent Nos.1 to 3. None appeared for respondent^No.4.

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At the hearing, learned counsel for the petitioner^would submit that the General Body of the 4'^ respondent passed resolution dated 09.03.2024 resolving to extend the age of retirement from 60 to 62 years with effect from 01.06.2023. Copy of the resolution was filed vide WPUSR No.36693/2024. Notwithstanding the said resolution, the petitioner was superannuated on attaining the age of 60 years on 31.05.2024. Learned counsel relied upon the common order dated^06.5.2024 passed by a learned Single Judge in Writ Petition No.3255^of2023 and batch.

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A perusal of the common order passed by the learned Single Judge, would manifest that the power of the Society to enhance the age of superannuation of the employees^from60to62 years, through the Resolution passed by the General Body in

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3 SRS, J wp_6948_2024

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compliance with the Cooperative Societies Act and the Rules framed thereunder, was upheld.

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The issue in the case at hand is squarely covered by^the common order referred to above.

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Accordingly, the writ petition is allowed, in terms^ofthe common order dated 06.5.2024 in Writ Petition No.3255 of 2023 and batch. No order as to costs.

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The registry is directed to attach the common order dated 06.5.2024 in Writ Petition No.3255 of 2023 and batch to this order.

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Miscellaneous petitions pending, if any, shall stand

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closed.

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SD/- N.NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// /tfiSECTION OFFICER

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To,

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