Akula Vijaya Bhaskar Rao Vs the State of Ap

AKULA VIJAYA BHASKAR RAO, S/O VENKATESWARA RAO, AGED ABOUT 57 YEARS, OCC SECRETARY/CEO, H. NO. 5-8-15, SUBBARAYUDU TEMPLE STREET, 5TH WARD KOVVUR, EAST GODAVARI DISTRICT (FORMERLY WEST GODAVARI DISTRICT).

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...PETITIONER

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AND

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THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, COOPERATIVE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE.

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THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE.

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THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, GOVERNMENT OF ANDHRA PRADESH, GUNTUR, GUNTUR DISTRICT, ANDHRA PRADESH.

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THE DISTRICT COOPERATIVE OFFICER, RAJAHMUNDRY, EAST GODAVARI DISTRICT (FORMERLY WEST GODAVARI DISTRICT).

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THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, KOVVUR, EAST GODAVARI DISTRICT (FORMERLY WEST GODAVARI DISTRICT).

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THE KOVVUR COOPERATIVE URBAN BANK LIMITED NO 3423,

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2

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KOVVUR, EAST GODAVARI DISTRICT (FORMERLY WEST GODAVARI DISTRICT). REP. BY ITS CHAIRMAN/PRESIDENT, KOVVUR, EAST GODAVARI DISTRICT (FORMERLY WEST GODAVARI DISTRICT).

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...RESPONDENT(S):

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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 topleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the acts, things, deeds of the respondents not take issuance of notice vide R.C. No. 1/ESTT/2023, dated 27.01.2023 for retirement of the petitioner and not take any action for extending the benefits to the petitioner i.e. enhancement of the age superannuation on par with other Govt. Employees from 58 to 60 years as per the Go.Ms.No. 15, Dt. 04.02.2019, Sec 115 C and D Andhra Pradesh CoOperatives Societies Act, 1964 inspite of resolution no. 15 dated 06.02.2023 by the managing committee of the 6th respondent and general body resolution no. 9 dated 26.02.2023 of the 6th respondent as illegal, arbitrary and violation of Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to allow the petitioner upto the completion of the age of 60 years in consonance with above resolutions i.e., resolution no. 15 dated 06.02.2023 and general body resolution no. 9 dated 26.02.2023 and to pass such

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IA NO: 1 OF 2023

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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 pleased to direct the Respondents to continue the Petitioner in the 6th Respondent as per the resolution no. 15 dated 06.02.2023 and general body resolution no. 9 dated 26.02.2023 pending disposal of the above writ petition and to pass

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Counsel for the Petitioner:

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1.DASARI S V V S V PRASAD

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Counsel for the Respondent(S):

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1.GP FOR SERVICES I

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2.GP FOR SERVICES II

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3.SRINIVAS BASAVA

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The Court made the following:

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3

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THE HONOURABLE SRI JUSTICE BALAJI MEDAMALLI

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WRIT PETITION NO: 4865/2023

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ORDER

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The Writ Petition has been filed by the petitioner declaring the action of the respondents in issuance of notice vide R.C. No. 1/ESTT/2023, dated 27.01.2023 for retirement of the petitioner and in not taking any action for extending the benefits of enhancement of the age superannuation on par with other Govt. Employees from 58 to 60 years as per the Go.Ms.No. 15, Dt. 04.02.2019

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Mr. Dasari S.V.V.S.V. Prasad, learned counsel for the petitioner submits that the petitioner has already attained the age of superannuation, and nothing survives for adjudication in the present Writ Petition.

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