A.KONDALARAYA SARMA, W.G. DIST v. PRL SECY, AGRICULTURE & COOP., DEPT., HYD & 2 OT
WP/10172/2016 · 2025-06-26
Maheswara Rao Kuncheam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39405 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39405 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010893942016
IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: Between:
1. A.KONDALARAYA SARMA, W.G. DIST, S/O LATE APPA RAO, AGED ABOUT 58 YEARS, OCC: SPECIAL CATEGORY ASSISTANT, TADEPALLIGUDEM (M) BRANCH, DISTRICT COOPERATIVE CENTRAL BANK LTD., ELURU, WEST GODAVARI DISTRICT. 1. PRL SECY AGRICULTURE COOP DEPT HYD 2 OT, SECRETARY, AGRICULTURE AND COOPERATION DEPARTMENT, SECRETARIAT, HYDERABAD. 2. COMMISSIONER FOR CO OPERATION AND REGISTRAR OF, CO OPERATIVE SOCIETIES, GRUHAKALPA, NAMPALLY, HYDERABAD. 3. THE DISTRICT COOPERA BY ITS CHIEF EXECUTIVE OFFICER, WEST GODAVARI DISTRICT. Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Co pleased toIssue appropriate Writ or any other order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing retirement notice of the petitioner is contrary to Act 4 of 2014 dated 2706-2014 and also in violation of Proceedings dated 10 and 22-08-2015 arbitrary and illegal and set aside the same consequently direct the respondents to continue the petitioner in service in view of the IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 10172/2016 A.KONDALARAYA SARMA, W.G. DIST, S/O LATE APPA RAO, AGED ABOUT 58 YEARS, OCC: SPECIAL CATEGORY ASSISTANT, TADEPALLIGUDEM (M) BRANCH, DISTRICT COOPERATIVE CENTRAL BANK LTD., ELURU, WEST GODAVARI DISTRICT. ...PETITIONER AND PRL SECY AGRICULTURE COOP DEPT HYD 2 OT, SECRETARY, AGRICULTURE AND COOPERATION DEPARTMENT, SECRETARIAT, HYDERABAD. COMMISSIONER FOR CO OPERATION AND REGISTRAR OF, CO OPERATIVE SOCIETIES, GRUHAKALPA, NAMPALLY, HYDERABAD. THE DISTRICT COOPERATIVE CENTRAL BANK LTD, ELURU, REP., BY ITS CHIEF EXECUTIVE OFFICER, WEST GODAVARI DISTRICT.
...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Co pleased toIssue appropriate Writ or any other order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing retirement notice of the petitioner is contrary to Act 4 of 2014 dated 14 and also in violation of Proceedings dated 10-08-2015, 12 2015 arbitrary and illegal and set aside the same consequently direct the respondents to continue the petitioner in service in view of the IN THE HIGH COURT OF ANDHRA PRADESH [3504] TWENTY SEVENTH DAY OF JUNE THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM A.KONDALARAYA SARMA, W.G. DIST, S/O LATE APPA RAO, AGED ABOUT 58 YEARS, OCC: SPECIAL CATEGORY ASSISTANT, TADEPALLIGUDEM (M) BRANCH, DISTRICT COOPERATIVE CENTRAL BANK LTD., ELURU, WEST GODAVARI DISTRICT. ...PETITIONER PRL SECY AGRICULTURE COOP DEPT HYD 2 OT, SECRETARY, AGRICULTURE AND COOPERATION DEPARTMENT, COMMISSIONER FOR CO OPERATION AND REGISTRAR OF, CO- OPERATIVE SOCIETIES, GRUHAKALPA, NAMPALLY, HYDERABAD. TIVE CENTRAL BANK LTD, ELURU, REP., BY ITS CHIEF EXECUTIVE OFFICER, WEST GODAVARI DISTRICT. ...RESPONDENT(S): 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 toIssue appropriate Writ or any other order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing retirement notice of the petitioner is contrary to Act 4 of 2014 dated 2015, 12-082015 2015 arbitrary and illegal and set aside the same consequently direct the respondents to continue the petitioner in service in view of the
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W.P.No.10172 of 2016
Proceedings dated 10-08-2015, 12-08-2015 and 22-08-2015 in the interest of justice and to pass Counsel for the Petitioner:
1. M SHALINI Counsel for the Respondent(S):
1. BOBBA VIJAYALAKSHMI
2. GP FOR COOPERATION (AP)
3. SURAGANI VIJAYA KUMAR
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W.P.No.10172 of 2016
The Court made the following Order:
The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief/s:-
“….
to issue appropriate Writ or any other order or direction particularly one in the nature of Writ of Mandamus declaring the action of the respondents in issuing retirement notice of the petitioner is contrary to Act 4 of 2014 dated 27-06-2014 and also in violation of Proceedings dated 10-08-2015, 12-08-2015 and 22-08- 2015 arbitrary and illegal and set aside the same consequently direct the respondents to continue the petitioner in service in view of the Proceedings dated 10-08-2015, 12-08-2015 and 22-08-2015 in the interest of justice and to pass such other order or orders.…”
2. Heard Sri P.Venkata Rama Sarma, learned counsel representing Ms. M.Shalini, learned counsel for the petitioner and Sri Krishna Vamsi, learned counsel representing Sri Suragani Vijaya Kumar, learned counsel for the 3rd respondent. 3. On 13.07.2016, this Court directed the respondents to take a decision in respect of the age of superannuation of the petitioner, taking into consideration the Statutory Provisions of Section 115-D(2)(iv) of the Andhra Pradesh Cooperative Societies Act, 1964 and also Memos issued by the Government of Andhra Pradesh from time to time. 4. Pursuant to the direction issued by this Court, it is represented by both the learned counsel that the petitioner was
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W.P.No.10172 of 2016
reinstated into service on 22.09.2016. Thereafter, his services were extended up to the age of 60 years and the petitioner retired from service on 31.03.2018. 5. Thus, by taking into consideration of the above submissions made by the learned counsel on either side, this Court is of the opinion that this matter does not require any further adjudication and the Writ Petition is accordingly closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. ______________________________ MAHESWARA RAO KUNCHEAM, J
Dated: 27.06.2025 MDP