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2025 DAILYLAW 23299 (AP)

Smt.Kolla Lakshmi v. The state of Andhra Pradesh

WP/14994/2018 · 2025-03-07

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010328102018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14994/2018 Between: Smt.kolla Lakshmi ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. RAMISETTI NAGA HEMANAND Counsel for the Respondent(S): 1. BOBBA VIJAYALAKSHMI 2. GP FOR AGRICULTURE (AP) The Court made the following: ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer: “…..to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 5th respondent in issuing Notice dated 30.03.2018 for retirement of the Petitioner by not extending the age of the retirement from 58 years to 60 years in terms of Provisions of Act 4 of 2014 as wholly illegal, arbitrary and violative of Articles 14 of the Constitution of India apart from violative of principles of natural Justice and contrary to the resolution 2 dated 29.12.2017 of the General body of the respondent society and set aside the Notice dt. 30.03.2018 and consequently direct the respondents to raise the age of retirement of the petitioner from 58 years to 60 years in terms of the provisions of Act 4 of 2014 by continuing the petitioner in service with all consequential benefits till the petitioner attain the age of 60 years as per the resolution dt.29.12.2017 of the General body of the respondent society and pass such other order or orders…...” 2. None represented for the petitioner. 3. As can be seen from the impugned order in I.A.No.1 of 2018 dated 12.06.2018, the interim application is dismissed. It is nothing but the main relief claimed in the writ petition. It is beneficial to extract the interim order dated 12.06.2018, which reads as under: “Petitioner is an employee of District Cooperative Marketing Society and this Society is not included in the IX and X Schedules appended to the A.P. Re-examination Act and, therefore, benefit of G.O.Ms.No.102 Finance (HR-IV-FR) Department dated 27.06.2017, as amended, is not straightaway applicable. The issue of petitioner’s claim for enhancement of age of superannuation requires consideration in the writ petition. Balance of convenience is not in favour of petitioner. Accordingly, this application is dismissed.” 4. In the light of the same, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.03.2025 ARR 3 222 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 14994/2018 Dt.07.03.2025 ARR