1 APHC010324302016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 23136 OF 2016 Between: 1. SRI GUDIPUDI BABU RAO, S/o.Papaiah, Aged about 58 years, Occ: Asst. Manager/Cashier, The Prakasam District Co-Operative Central Bank Ltd., Chirala Branch, R/o. H. No. 4-30-7, Jayanthi Peta, Perala, Chirala- 523 157, Prakasam District, Andhra Pradesh. ...Petitioner AND 1. THE STATE OF A.P., Rep. by its Principal Secretary, Agriculture and Cooperation Department, Secretariat, Hyderabad. 2. The Commissioner for Cooperation and Registrar of Co-operative Societies, Gruhakalpa, Nampally, Hyderabad. 3. The President, The Prakasam District Co-operative Central Bank Ltd., Administrative Office, Ongole, Prakasam District. 4. The Prakasam District Co-operative Central Bank Ltd, Rep. by its Chief Executive Officer, Administrative Office, Ongole, Prakasam District. ...Respondents 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 order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in issuing retirement notice to the petitioner dated 09-062016 as illegal, 2 arbitrary and contrary to Act 4 of 2014 dated 27.06.2014, G.O.Ms. No.147, dated 30.6.2014 and contrary to 1st Respondent Memo No.5825/Coop.III/2014-7, dated 23.05.2015 and Proceedings vide Rc.No.9362/2014/Cr2, dated 22.08.2015 and also in violation of Proceedings dated 10-08-2015, 12-08-2015 as arbitrary, illegal, discriminative, in violation of principles of natural justice, violative of the Fundamental Right guaranteed under Articles 14 and the Constitutional Right guaranteed under Constitution of India and set aside the retirement notice and consequently direct the respondents to continue the petitioner in service in the interests of justice Counsel for the Petitioner: SYED ARIF BASHA Counsel for the Respondents: GP FOR AGRICULTURE (AP) The Court made the following order: 3 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.23136 of 2016 ORDER: The instant writ petition has been filed by the petitioners under Article 226 of Constitution of India, seeking the following main relief: “to issue an order or direction more particularly in the nature of Writ of Mandamus declaring the action of the Respondents in issuing retirement notice to the petitioner dated 09-062016 as illegal, arbitrary and contrary to Act 4 of 2014 dated 27.06.2014, G.O.Ms. No.147, dated 30.6.2014 and contrary to 1st Respondent Memo No.5825/Coop.III/2014-7, dated 23.05.2015 and Proceedings vide Rc.No.9362/2014/Cr2, dated 22.08.2015 and also in violation of Proceedings dated 10-08-2015, 12-08-2015 as arbitrary, illegal, discriminative, in violation of principles of natural justice, violative of the Fundamental Right guaranteed under Articles 14 and the Constitutional Right guaranteed under Constitution of India and set aside the retirement notice and consequently direct the respondents to continue the petitioner in service in the interests of justice and to pass ….” 2. The sum and substance of the writ petition is that the petitioners are seeking to continue their services up to the age of 60 years in the respondents department. 3. This Court on 14.07.2016 passed the following interim order: “In view of the orders of this Court in W.P.M.P.No.25338 of 2016 in W.P.No.20673 of 2016, dated 29.06.2016, there shall be a direction to the respondents to take a decision with regard to the age of superannuation taking into consideration the provisions of Section 115-D(2)(iv) of the A.P.Cooperative Societies Act, 1964, and also the Memos of the Government issued from time to time on or before 31.07.2016.” 4. On the last occasion, when the instant case listed on 04.07.2025, there was no representation for the petitioner. Thus, the matter is 4 directed to be listed to today under the caption ‘for dismissal’. Today also, none appeared for the petitioner. 5. On the other hand, the learned Assistant Government Pleader for Cooperation submits that the petitioner retired from service on 30.06.2017. She further submits that apparently, the instant writ petition instituted way back in the year 2016, when the petitioner was aged about 58 years and in view of efflux of time, the petitioner has crossed the age of 60 years by 2024 itself. Thus, the cause in the writ petition does not survive for further adjudication. 6. Recording the said submission made by the learned Assistant Government Pleader, the instant writ petition is closed. However, this order will not preclude the petitioner from taking recourse to law as permissible, if so advised. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date: 11.07.2025 Rns 5 HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.23136 of 2016 Date:11.07.2025 Rns