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2025 DAILYLAW 23308 (AP)

Venkata Narsinga Rao, v. The State of Andhra Pradesh, Rep by its Principal Secretary,

WP/15061/2018 · 2025-03-06

Venkata Jyothirmai Pratapa

body2025

Judgment text

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1 APHC010328512018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY ,THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15061/2018 Between: Venkata Narsinga Rao, ...PETITIONER AND The State Of Andhra Pradesh Rep By Its Principal Secretary and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. G V SHIVAJI Counsel for the Respondent(S): 1. GP FOR COOPERATION (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 impugned action of the 1st respondent in not undertaking amendments to the A.P. Cooperative Societies Rules in pursuance of Amendment made vide Act No.16 of 2007 where under Section 115-D has been incorporated conferring autonomous status to the Cooperative Societies enumerated therein and further action of the respondents 3 and 4 in taking objection as to continuation of this petitioner in service upto 60 years inspite of 2 the Resolution made by the General Body of the 5th respondent Society dated 26.08.2015 enhancing the age of superannuation from 58 years to 60 years, in exercise of powers U/s.115-D of A.P. Cooperative Societies Act as illegal, arbitrary and violative of Article 14 of the Constitution of India, apart from contrary to the provisions of A.P. Cooperative Societies Act and also contrary to the orders issued by Government vide Memo No.5825/Coop.III/2014-7, dated 23.05.2015 and pass such other order or orders……” 2. Learned counsel for the petitioner would submit that in the light of the interim orders passed by this Court, the petitioner continued in service and now retired from service after attaining the age of superannuation. It is beneficial to extract the interim order passed by this Court dated 26.04.2018, which reads as under: “It is stated by learned counsel for the petitioner in similar circumstances, this Court granted interim order dated 01.02.2018 in I.A.No.1 of 2018 in W.P.No.2973 of 2018. The same is not disputed by learned Government Pleader for Cooperation. In view of the same, for the reasons alike in the said order, there shall be interim direction to continue the petitioner in service up to the age of 60 years in pursuance of resolution of Managing Committee dated 30.06.2015 and General Body Resolution dated 26.08.2015 passed by the 5th respondent-Society.” 3. Learned counsel would further submit that no further orders are required in this matter. 4. Learned Government Pleader for Cooperation would submit that the Court may pass appropriate orders. 3 5. In the light of the submissions made, the Writ Petition is disposed of. 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: 06.03.2025 ARR 4 158 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 15061/2018 Dt.06.03.2025 ARR