Allowed

Merugu Sundara Rao v. The State of Andhra Pradesh

Andhra Pradesh HC18 Jul 2024WP/7969/2024

Case brief

AI extract

What is this about?

The Court allowed the writ petition by following a common order in a batch of cases, holding that a Cooperative Society has the power to enhance the age of superannuation of employees from 60 to 62 years through a General Body Resolution. The Court directed the respondent society to re-engage and continue the petitioner in service until he attains the age of 62 years.

What did the court decide?

Direction to re-engage and continue petitioner in service till attaining age of 62 years; writ petition allowed without costs.

Merugu Sundara Rao Vs The State of Andhra Pradesh — Cooperative Societies | Andhra Pradesh HC (2024)

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fS ' 4

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

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FRIDAY, THE NINETEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

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om ^*1
PRESENT %

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THE HON’BLE SRI JUSTICE SUBBA REDDY SATO

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WRIT PETITION NO: 7969 OF 2024

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Between:

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Memgu Sundara Rac^ S/o. Satyanarayana, Aged about 60 years, working as CEO, Saravakota PACS Srikakularn District, Andhra Pradesh.

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...PETITIONER AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Governrnent Agriculture and Cooperation Department, Andhra Pradesh Secretariat, Velagapudi, Amafavathi, Guntur District. Andhra Pradesh.

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Comrmssioner for Cooperation and Registrar of Cooperative Government of Andhra'Pradesh, Vijayawada, Krishna

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The District Cooperative Officer, Srikakularn, Gujarath Peta, Near Lakshmi Takies. Srikakularn District.

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The Divisional Cooperative Officer, Tekkali, Srikakularn District.

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^ ShkaSam District^ Agriculture Cooperative Society,^Saravakota,

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Pi'i'^ary Agricultural Co-operative Society

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Saravakota, Srikakularn District, ^

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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 an appropriate Writ, Order or Direction more particularly one in the nature of writ o'f mandamus to declare the action of the 5th respondent issued notice on 16.03.2024 at the age of 60 years to retire on 30.04.2024 not extending the age of retirement from 60 years to 62 years to the petitioners as per G.O.Ms.No 15 Finance (HR.IV-FR&LR)

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Department’dated 31-01-2022and as per G.O.Ms.No. 15 dated 04.02.2^19 G.O.Ms.No. 36 dated 01.03.2019 as illegal, arbitrary, violative of Article 14 of the.^Constitution of India and consequently direct the respondents to enhance' the age of superannuation fromSO year to 62 years as per G.O.Ms.No 15 Finance (HR.IV-FR&LR) Department dated 31-01-2022 and as per G.O.Ms.No. 15 dated 04.02.2019, G.O.Ms.No. 36 dated 01.03.2019 and continue the petitioner till the petitioner attain the age of 62 years in the 5^'^ and 6^^ respondent societies.

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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 writ petition, the High Court may be pleased to direct the respondent to continue the services of the petitioners by enhancing the age of superannuation from 60 year to 62 years as per G.O.Ms.No 15 Finance (HR.IV-FR&LR) Department dated 3101-2022 and as per G.O.Ms.No. 15 dated 04.02.2019 G.O.Ms.No. 36 dated 01.03.2019 in the 5'' and O'" respondent societies pending disposal of the writ petition.

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Counsel for the Petitioner : SMT. A. PADMA

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Counsel for the Respondent Nos.l to'4 : SRI VARA PRASAD ASST.GP for CO OPERATIVES

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Counsel for the Respondent Nos.5 & 6 : -

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The Court made the following: ORDER

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IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

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HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION No.7969 of 2024

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Merugu Sundara Rao, S/o Satyanarayana, aged about 60 years, working as CEO, Saravakota PACS, Srikakulam District, Andhra Pradesh.

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... Petitioner

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Versus

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The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Agriculture & Cooperation Department, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh.

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... Respondents

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Counsel for the petitioner

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: Smt. Akella Padma

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Counsel for respondents

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GP for Co-operatives,

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:: ORDER::

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Heard Smt. Akella Padma, learned counsel for the petitioner and Sri Vara Prasad learned Assistant Government Pleader for Cooperation for respondent Nos.1 to 4.

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Notice to the respondent Nos.5 and 6 is dispensed with,ⁱⁿ

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view of. Resolution No.2, passed in the General Body Meeting held on 15.04.2024, filed along with memo vide USR^No.43457of 2024.

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V X,-

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Page 2 of 4

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SRSJ WP No.7969 of 2024

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The learned counsel for the petitioner by drawing the attention of this Court to the Resolution passed by^theGeneral Body of respondent No.5 Saravakota Primary Agriculture Cooperative Society, submitted that the society resolved to enhance the age of superannuation qua the employees^from60 years to 62 years. Learned counsel has also drawn the attention of this court to the order, dated 06.05.2024 in W.P.No.3255 of 2023 and batch.

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Learned Single Judge, in the common order, upheld^the power of the Society to enhance the age of superannuation of the employees from 60 to 62 years, through the Resolution passed by the General Body in compliance with the provisions of the Cooperative Societies Act and the Rules framed thereunder. In fact, by following the common order writ petitions were disposed of at the admission stage.

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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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Considering the facts and circuhistances of the case and in the light of the common order, dated 06.05.2024, this writ petition

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Page 3 of 4

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SRSJ WP No.7969 of 2024

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stands allowed in terms of the common order dated 06.05.2024 in Writ Petition No.3255 of 2023 and batch. The respondent^No.5 shall re-engage the petitioner, if superannuated, and^continuehim in service till he attains the age of 62 years. No^{orderastocosts..} Miscellaneous petitions pending, if any, shall stand^closed.

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Registry is directed to annex a copy of the common^order dated 06.05.2024 in Writ Petition No.3255 of 2023 and batch, to this order.

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

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To,

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//TRUE COPY//

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Sd/- M. SRINIVAS ASSISTANT REGISTRAR SE N OFFICER

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The Principal Secretary to Government, Agriculture and Cooperation Department, State of Andhra Pradesh, Andhra Pradesh Secretariat Velagapudi, Amaravathi, Guntur District. Andhra Pradesh.

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The Commissioner for Cooperation and Registrar of Cooperative Societies, Government of Andhra Pradesh, Vijayawada Krishna District.

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The District Cooperative Officer, Srikakulam, Gujarath Peta, Near Lakshmi Takies, Srikakulam District.

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The Divisional Cooperative Officer, Tekkali, Srikakulam District.

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Saravakota Primary Agriculture Cooperative Society,^Saravakota Srikakulam District.

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The Primary Agricultural Co-operative Society, Chair^Person Saravakota, Srikakulam District.

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One CC to Smt. A. Padma, Ad/ocate [OPUC]

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^ Co-operatives, High Court of Andhra Pradesh.

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Three C.D. Copies. ' (Along with copy of the order dated.06.05.2024 in W.P. No.3255 of 2023 enclosed herewith)*

Cnr

HIGH COURT

DATED:19/07/2024

ORDER

WP.No.7969 of 2024

DISPOSING OF THE W.P. WITHOUT COSTS

Merugu Sundara Rao v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Merugu Sundara Rao v. The State of Andhra Pradesh

Case brief

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What did the court decide?

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