1 APHC010187602020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] FRIDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 12032/2020 Between: T. Venkata Rao, and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. RAJA MANURI VENKATA SUMANTH Counsel for the Respondent(S): 1. K N VIJAYA LAXMI 2. GP FOR AGRICULTURE The Court made the following: ORDER This petition is filed under Article 226 of the Constitution of India for the following relief:- “…pleased to issue a writ more in the nature of writ of Mandamus declaring the action of respondent No.4 in issuing preparatory notices dated 30.05.2020 issued to the petitioners and resolution No.22 as per preparatory notice contrary to the earlier resolutions of the respondent Nos.3 and 4 dated 30.06.2017 and 29.07.2017 respectively and contrary to 3rd respondent APCBA Letter No.1/Board/GBMeeting/APCBA/2017 dated 30.06.2017 and Respondent No.1 memo No.AGC01-COOP/176/2019-COOP-III 2 dated 04.12.2019 and in not considering representation dated 24.06.2020 as arbitrary illegal, discriminative in violation of principles of natural justice, violative of Article 14, 21 of Constitution of India contrary to Sec.115 D(2) of A.P Cooperative societies Act, 1964 and rules made therein and consequently set aside the preparatory notices, dated 30.05.2020 issued to retire the petitioners and pass such other order or orders…”. 2. The case of the petitioners in brief is that the petitioners were appointed as messengers in 4th respondent bank on 19.07.1988, 05.01.1995, 11.06.1983 and 28.05.1985 respectively and have been performing their duties for the past 25-35 years without any complaint. The 4th respondent has issued one month preparatory notice, dated 30.05.2020 notifying the date of superannuation of the petitioners as 30.06.2020 and they shall retire from afternoon of the said day. While so, the Government of Andhra Pradesh has made amendment to sub section (1) of section 3 of the Andhra Pradesh Public employment (Regulation of age of superannuation) Act, 1984 vide G.O.Ms.No.147, dated 30.06.2014 enhancing the age of superannuation of the A.P state Government employees from 58 to 60 years. The 1st respondent issued Memo No.5825/COOP.III/2014-7, dated 23.05.2015 clarifying the autonomy that was granted under Section 115-D (2) of A.P. Cooperative Societies Act, 1964 and it is left open to the decision on increasing age of retirement to respective organizations. The last grade employees as on that date were under the privilege of extra 2 years service i.e, 60 years is the age of retirement for Grade-IV employees and for rest of the employees it was 58 years including the state employees of all classes/grades in view of 3 amendment made to rule 28(6) of A.P. Cooperative Societies Act, 1964 which was added by G.O.Ms.No.205, dated 02.07.2008. While so, the petitioners made representations to the 4th respondent on 23.06.2020 brining to his notice that the other class-IV employees being allowed to work till the age of 62 years in view of the resolution of Respondent Nos.3 and 4, dated 30.06.2017 and 29.07.2017 and APCBA letter No.1/Board/GB meeting/APCBA/2017, dated 30.06.2017, enhancing the age of retirement of last grade employees to 62 years keeping the earlier privilege of additional 2 years of service. Respondent Nos.3 and 4 has made representation to Respondent Nos.1 and 2 from various associations and unions in the similar fields. The 2nd respondent through its proceedings, dated 05.09.2019 not considering the above fact directed the banks to follow the rule 28 amended as per G.O.Ms.No.15 Agriculture and cooperation, dated 04.02.2019 and the 1st respondent vide Memo No.AGCO1- COOP/176/2019-COOP-111, dated 04.12.2019 directed the 2nd respondent to examine for further necessary action. Though the respondents have allowed many employees working in all organizations in the state to continue to retire at the age of 62 years, but has issued preparatory notices to the petitioners. Hence, the present Writ Petition is filed. 3. Counter affidavit was filed by 4th respondent. In the counter affidavit it was stated that in view of the education qualifications and other eligible criteria some messengers are promoted up to Manager cadre in the respondent bank and since the petitioners are not eligible as per their 4 educational qualifications they are not promoted to the higher cadres. Even though the respondent-bank is an autonomous body, it should be act as per AP Cooperatives Societies Act and Rules and the guidelines issued by the NABARD and RBI from time to time. The Managing Committee of the respondent bank on 27.05.2020 resolved to implement G.O.Ms.No.15 in the month of May 2020. Basing on the Managing Committee resolution No.22, dated 27.05.2020, the bank has issued one month preparatory notice to the petitioners on 30.05.2020 in accordance with rules. 4. Heard Mr R.M.V.Sumanth, learned counsel for the petitioners and Smt K.N.Vijaya Lakshmi, learned counsel for the 4th respondent and the learned Government Pleader appearing for the respondents. 5. On hearing, learned counsel for the petitioners submits that Respondent No.3 has issued letter vide APCBA Letter No.1/Board/GB Meeting/APCBA/2017, dated 30.06.2017 enhancing the superannuation/retirement age from 58 to 60 years to the staff of DCCBs except sub-staff and further resolved to extended superannuation/retirement age from 60 to 62 years to Sub-Staff of DOCBs and in pursuance of the same, the bank of the petitioners has increased the age of the retirement to 62 years. Though the petitioners have made representations, dated 23.06.2020 brining to their notice about the said resolution, but the respondents have not considered the same. He further submits that the respondents have allowed many employees working in all the organization in the State to continue to retire at the age of 62 years, but has issued preparatory notice to the 5 petitioners intimating that they will be going to retire on completion of 60 years which is illegal, arbitrary and contrary to the letter issued by the 3rd respondent vide APCBA No.1/Board/GBMeeting/APCBA/2017, dated 30.06.2017. Hence, the learned counsel for the petitioners requests to set aside the preparatory notices, dated 30.05.2020 issued to the petitioners. 6. Whereas, learned Government Pleader appearing for the respondents submits that basing on the resolution of the Managing Committee, dated 27.05.2020, the bank has issued one month preparatory notice to the petitioners on 30.05.2020 in accordance with the rules. Hence, the learned Government Pleader opposed for grant of any relief in this Writ Petition and prayed to dismiss the same. 7. Perused the record. 8. On perusal of the record, it appears that as per the Preparatory Notice issued to the petitioners they are going to retire from service in the year 2020 itself. Though the Writ Petition is filed in the year 2020 itself, no interim direction was granted so far in favour of the petitioners, and now the petitioners have filed amendment petition stating that 1st petitioner had service till 31.07.2021, 2nd petitioner had service till 30.04.2021, 3rd petitioner had service till 31.03.2021 and the 4th petitioner had service till 30.06.2021. However, as the petitioners are already retired from service, in the opinion of this Court there are no merits in this Writ Petition and the petitioners are only entitled to for the retiremental benefits. 6 9. Therefore, this Court is inclined to dispose of the Writ Petition while directing the respondents to consider the case of the respondents and pay all the retiremental benefits to the petitioners within a period of three (03) months from the date of receipt of a copy of this order. 10. Accordingly, with the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ________________________ DR. K. MANMADHA RAO, J. Date : 07.03.2025 TM 7 HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION NO: 12032/2020 Date : 07.03.2025 TM 8