K ELISHA AND 2 OTHERS v. PRL.SECRETARY ( S.W) AND 3 OTHERS
WP/17378/2017 · 2025-07-24
Maheswara Rao Kuncheam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37097 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37097 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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APHC010616872017
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)
FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 17378 OF 2017 Between:
1. K.Elisha, S/o Mathew Aged about 58 years, working as Record Assistant, District Scheduled Caste Service Cooperative Society Vishakapatnam, R/o Ashok Nagar, P.M.Palem, Madhurawada, Vishakapatnam.
2. M.Raju, S/o Late Sikhamani, Aged about 58 years, working as Executive Director, District Scheduled Caste Societies Corporation Ltd, Vizianagaram on deputation R/o.Flat No.514, M.K.Presidency, P.M.Palem, Madhurawada, Visakhapatnam.
3. B.V.Ramana, S/o Late Suryanarayana, Aged about 58 years, working as Executive Officer, O/o Vice Chairmen and Managing Director, Andhra Pradesh Scheduled Castes Co-operative Finance Corporation Ltd, Amaravathi at Tadepalli Guntur District R/o 38-39-42, Bapuji Nagar Visakhapatnam. ...Petitioners AND
1. The State of Andhra Pradesh, rep by its Principal Secretary, Social Welfare Department, A.P Secretariat Buildings, Hyderabad.
2. The State of Andhra Pradesh, rep by its Principal Secretary, Finance and Planning Department, A.P Secretariat Buildings, Hyderabad.
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3. Vice Chairmen and Managing Director, Andhra Pradesh Scheduled Castes Co-operative Finance Corporation Ltd, 4th floor, S.P.River view Building, Tadepalli, Guntur District.
4. The District Scheduled Caste Service Cooperative Society, Visakhapatnam rep by its Executive Director Visakhapatnam. ...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 appropriate Writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in issuing petitioners retirement notice and trying to retire the petitioners at the age of 58 years instead of 60 years is contrary to the provisions of Act. 4 dated 27th June, 2014 and contrary to the
Judgment of the Hon'ble Apex Court dated 05-05-2017, illegal, arbitrary and ultravires the Constitution of India consequently direct the Respondents to continue/ reinduct the petitioners upto 60 years of age in the interest of justice by setting aside the impugned notice and to pass such other order or orders appropriate in the case. Counsel for the Petitioners: M SHALINI Counsel for the Respondents: GP FOR SOCIAL WELFARE (AP) Counsel for the Respondents: GP FOR FINANCE PLANNING (AP) The Court made the following order:
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HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.17378 of 2017
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 appropriate Writ, order or orders more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in issuing petitioners retirement notice and trying to retire the petitioners at the age of 58 years instead of 60 years is contrary to the provisions of Act. 4 dated 27th June, 2014 and contrary to the Judgment of the Hon'ble Apex Court dated 05.05.2017, illegal, arbitrary and ultravires the Constitution of India consequently direct the Respondents to continue/reinduct the petitioners upto 60 years of age in the interest of justice by setting aside the impugned notice and to pass …..”
2. On 25.05.2017, this Court passed the interim direction to continue the petitioners in service till they attain the age of 60 years, or until further orders.
3. When the matter came up for hearing, there is no representation for the petitioners. However, the learned Standing Counsel Sri Gandrala Rathna Kumar, appearing for respondents submitted that in view of the interim orders passed by this Court on 25.05.2017, the petitioners were continued in service up to the age of 60 years. The 1st petitioner K.Elisha, retired from service on 31.05.2019, 2nd petitioner M.Raju, retired on 31.07.2019 and the 3rd petitioner B.V.Ramana, retired from service on
28.02.2019.
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4. Recording the submission made by the learned Standing Counsel, the writ petition is closed.
No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J Date: 25.07.2025 Rns
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HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM
WRIT PETITION No.17378 of 2017
Date:25.07.2025 Rns