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2025 DAILYLAW 13084 (AP)

.B. Prabhakara Rao, S/o. S.B. Janardhana Rao, v. The State of Andhra Pradesh

WP/21552/2016 · 2025-07-03

Maheswara Rao Kuncheam

body2025

Judgment text

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APHC010156502016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 21552/2016 Between: 1. .B. PRABHAKARA RAO, S/O. S.B. JANARDHANA RAO,, WORKING AS MANAGER, DISTRICT COOPERATIVE CENTRAL BANK, MAIN ROAD, DANDI VEEDHI, SRIKAKULAM SRIKAKULAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRL SECRETARY, COOPERATIVE DEPARTMENT SECRETARIAT, HYDERABAD 2. THE CHIEF EXECUTIVE OFFICER, DISTRICT CO-OPERATIVE CENTRAL BANK LTD., SRIKAKULAM 3. THE REGISTRAR, DISTRICT CO-OPERATIVE CENTRAL BANK LTD.. SRIKAKULAM, SRIKAKULAM DISTRICT ...RESPONDENT(S): 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 toto issue a Writ, Order, Orders or Directions more particularly one in the nature of Writ of Mandamus, declaring the notice of retirement dated 25.05.2016 in Rc No. F5/2016-17/Estt/A1 issued by the 2nd respondent without following Act 4 of 2014 issued Government of Andhra Pradesh is arbitrary, illegal and against the principles of natural justice and set aside the same and consequently direct the respondents to continue the petitioner in the service till the age of 60 years, IA NO: 1 OF 2016(WPMP 26471 OF 2016 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 suspend the Notice of Retirement vide Rc. No. F5/2016-17/Estt/A1, dated 25- 2 05-2016 issued by the 2nd respondent by directing the respondents to continue the petitioner in service till the age of 60 years, pending disposal of the main writ petition. Counsel for the Petitioner: 1. VSRMV PRASAD SANAKA Counsel for the Respondent(S): 1. GP FOR COOPERATION (AP) The Court made the following ORDER: No representation for the petitioner. 2. The writ petition is filed seeking indulgence of this Court to declare the notice of retirement dated 25.06.2016 in Rc.No.F5/2016-17/Estt/A1 issued by the 2nd respondent, without following Act 4 of 2014 issued by the Government of Andhra Pradesh as illegal, arbitrary, etc., and for consequential direction to the respondents to continue the service of the petitioner till the age of 60 years. 3. The sum and substance of the writ petition is that the petitioner sought for reinstatement and continuation of his service upto the age of 60 years. 4. Learned Assistant Government Pleader for Cooperation submits though the petitioner was initially retired from the service on 30.06.2016, but during the pendency of the writ petition, he was reinstated and continued the service in the respondent Bank till his retirement i.e., on 30.06.2018 on reaching the age of 60 years (superannuation). 3 5. Recording the submissions made by the learned Assistant Government Pleader for cooperation, the writ petition is closed as there is no further cause that needs to be adjudicated in the lis anymore. There shall be no order as to costs. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 04.07.2025 GVK 4 47 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.21552 of 2016 Date: 04.07.2025 GVK