Dismissed¶66

Shaik Shamshad v. the State of Andhra Pradesh

Andhra Pradesh HC1 Jul 2025WP/7698/2023

Case brief

AI extract

What is this about?

Writ petition dismissed as withdrawn; no costs; miscellaneous applications closed. Keywords: writ of mandamus; superannuation; retirement age 62; retirement notice Rc.No.Esst/Retirement Information/2022-23 dated 13.03.2023; G.O.Ms.No.15 Finance (HR-IV-FR and LR) Department dated 31.01.2022; SPSR Nellore District Cooperative Central Bank; cooperative society employee; Andhra Pradesh Cooperative Societies Act 1964; Article 226; Articles 14 and 21; Section 151 CPC; IA No.1/2023 interim continuance in service; IA No.2/2023 vacation of interim order dated 28.03.2023; withdrawal memo; no merits decided.

What did the court decide?

Permission to withdraw the writ petition; petition dismissed as withdrawn with no order as to costs and all pending miscellaneous applications closed. ¶66

Shaik Shamshad Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

Permission to withdraw the writ petition; petition dismissed as withdrawn with no order as to costs and all pending miscellaneous applications closed.

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Issue for consideration

Whether the action of the respondent in issuing the retirement notice dated 13.03.2023 declaring the petitioner's superannuation from 31.03.2023 — despite her claimed entitlement to serve up to 62 years (till 31.03.2025) under G.O.Ms.No.15 dated 31.01.2022 — is illegal, arbitrary, violative of natural justice, Articles 14 and 21, and the Andhra Pradesh Cooperative Societies Act, 1964. (Framed by the petitioner; not adjudicated on merits as the petition was withdrawn.) +1 more

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Ratio / Principle

Permission was accorded to learned counsel for the petitioner to withdraw the writ petition pursuant to the memo filed.

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Key takeaways

The Writ Petition is dismissed as withdrawn.ratio¶66
There shall be no order as to costs.ratio¶67
As a sequel to the dismissal as withdrawn, all pending miscellaneous applications stand closed.ratio¶68

Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Kiranmayee Mandava, J.), W.P. No. 7698 of 2023, decided 02.07.2025 — Shaik Shamshad, a Messenger employed with the SPSR Nellore District Cooperative Central Bank, had challenged a retirement notice dated 13.03.2023 fixing her superannuation from 31.03.2023, contending that under G.O.Ms.No.15 Finance (HR-IV-FR and LR) Department dated 31.01.2022 she was entitled to serve up to the age of 62 years (till 31.03.2025), and invoking Article 226, Articles 14 and 21 and the Andhra Pradesh Cooperative Societies Act, 1964. IA No. 1 of 2023 (S.151 CPC) sought continuance in service during pendency; the State and the Registrar filed IA No. 2 of 2023 to vacate the interim order dated 28.03.2023. At final hearing, learned counsel for the petitioner filed a memo seeking withdrawal; the Court accorded permission, dismissed the writ petition as withdrawn, made no order as to costs, and closed all pending miscellaneous applications. No finding was recorded on the merits of the retirement-age challenge.

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APHC010150502023

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 7698 OF 2023

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Between:

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Mrs. Shaik Shamshad, D/o. Shaik Masthan Saheb, aged about 60 years, Occ. Messenger, R/o.H.No.8-13-01, LA sagaram, Nayudupeta, SPSR Nellore District, Andhra Pradesh.

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...Petitioner/s

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AND

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The State of Andhra Pradesh, rep. by its Principal Secretary, Agriculture and Co-operation Department, Secretariat, Amaravathi, Guntur District, Andhra Pradesh.

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The Commissioner for Cooperation and Registrar Of Cooperative Societies, Guntur, Guntur District.

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The SPSR Nellore District Cooperative Central Bank ltd, Nellore, rep. by its Chief Executive Officer, (C.E.O.)., Near Gandhi Statue, Grand Trunk Road, Nellore, Andhra Pradesh - 524001.

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The SPSR Nellore District Cooperative Central Bank Ltd, rep. by its Chairman/PIC, O/o. Near Gandhi Statue, Grand Trunk Road, Nellore, Andhra Pradesh - 524001.

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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

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pleased to pray that this Honourable Court for issuance of an appropriate Writ, Order, or direction more particularly one in the nature of Writ of -■.-i Mandamus declaring the action of the S'" Respondent in issuing the retirement Notice vide Rc.No.Esst/Retirement Information/ 2022-23, dated 13.03.2023 informing that petitioner would be superannuated from 31.03.2023 thought he petitioner is entitled to be service upto 62 years i.e., till 31.03.2025 as per the amendment made vide G.O.Ms.No.15 Finance (HR-IV-FR and LR) 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 set-aside the same as void and illegal. lA NO: 1 OF 2023 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.

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lA NO: 2 OF 2023

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Between;

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The State of Andhra Pradesh rep. by its Principal Secretary

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Agriculture and Co-operation Department, Secretariat, Amaravathi Guntur District, Andhra Pradesh.

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The Commissioner for Cooperation and Registrar Of Cooperative Societies, Guntur, Guntur District.

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.. .Petitioners/Respondents

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AND

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Mrs. Shaik Shamshad, D/o. Shaik Masthan Saheb, aged^about60 years, Occ. Messenger, R/o.H.No.8-13-01, LA sagaram, Nayudupeta, SPSR Nellore District, Andhra Pradesh.

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...Respondent/Petitioner

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The SPSR Nellore District Cooperative Central Bank ltd, Nellore, rep. by its Chief Executive Officer, (C.E.O.)., Near Gandhi Statue, Grand Trunk Road, Nellore, Andhra Pradesh - 524001.

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The SPSR Nellore District Cooperative Central Bank Ltd, rep. by its Chairman/PIC, O/o. Near Gandhi Statue, Grand Trunk Road, Nellore, Andhra Pradesh - 524001.

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.. .Respondents/Respondents

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(R2 & R3 are not necessary parties in this petition

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dated 28-03-2023 in IA.No.1 /2023 in WP.No.7698/2023 and dismiss the writ petition.

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Counsel for the Petitioner: M/S BOBBA VIJAYALAKSHMI

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Counsel for the Respondent Nos.1 & 2: GP FOR SERVICES^II

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Counsel for the Respondent Nos.3 & 4: SRI SIVAPRASAD^REDDY VENATI

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The Court made the following order:

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[3458]

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APHC010150502023

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

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WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA

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WRIT PETITION NO: 7698/2023

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Between:

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1.SHAIK SHAMSHAD, D/0. SHAIK MASTHAN SAHEB, AGED ABOUT 60 YEARS, OCC. MESSENGER, R/O.H.NO.8-13-01, LA SAGARAM, NAYUDUPETA, SPSR NELLORE DISTRICT, ANDHRA PRADESH.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND CO-OPERATION DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

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2.THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, GUNTUR, GUNTUR DISTRICT.

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3.THE SPSR NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD, NELLORE, REP. BY ITS CHIEF EXECUTIVE OFFICER, (C.E.O.)., NEAR GANDHI STATUE, GRAND TRUNK ROAD, NELLORE, ANDHRA PRADESH - 524001.

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4.THE SPSR NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD, REP. BY ITS CHAIRMAN/PIC, 0/0. NEAR GANDHI STATUE, GRAND TRUNK ROAD, NELLORE, ANDHRA PRADESH - 524001.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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