J.RAMA MOHAN RAO v. The Andhra Pradesh State Co-operative Rural Irrigation Corporation Limited,
WP/7898/2019 · 2025-04-28
Venkata Jyothirmai Pratapa
Special Leave Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 44077 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44077 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
4. IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7898 OF 2019 I Between: J.Rama Mohan Rao, S/o Purnachandar Rao (Late), aged 58 years, Working as Deputy Executing Engineer, Now working on deputation A.P. Medical Infrastructure Development Corporation Mangalagiri, Guntur District. ...Petitioner AND
1. The Andhra Pradesh State Co-bperative Rural Irrigation Corporation Limited, HACA Bhavan, dpp.' Public Gardens, Hyderabad, Rep. by its Managing Director. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Agriculture and Cooperation Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. ' • i'l- r ...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 a Writ , Ordbf or direction more in the nature of Mandamus declaring that the 'acto of the Respondents in not implementing the G.O.Ms.No.138 Finance (HR.IV-FR) Department dated 8-8-2017 for continuation of my services up to the age of 60 years while dontinuing the similarly situated"'employees of the same Corporation in spite of the orders passed by the’Supreme Court of India in S.L.P. Nos. 14033-14034 of 2017 dated 5-5-2017 and in spite of the Interim Orders passed by this Court in LA. No. 1/2018 in W.P. No.14320 of 2018 and the
1. * / '^2Z2i' V dt.23.4.2018 of the Division Bench in I.A. No.1/2018 in i I W.P!No.3021 of 2018 dt.11.10.2018 against the same Corporation and issuing retirement orders vide-proceedings No. E2/Ric/Admn./2019/521 * dated 10.06.2019 to discontinue my services after completion of 58 years as illegal, arbitrary and violates Articles 14,16 and 21 of the Constitution of India and consequently declare that I am entitled to continue upto the age of 60 without therebeing any break in service with all continuity and with pay and allowances. lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in suppbrt'of the petition, the High Court may be pleased to issue an interim difectidh directing the Respondents to continue the petitioner up to 60 years keeping in view of the orders passed by the Supreme Court of India in SvLWNbs.
14033-14034 of 2017 dated 5-5- 2017 and in spite of the Interim-^'Orders passed by this Court in I.A. No.1/2018 in W.P. No.1432d df^2018 and the Orders dt.23.4.2018 of the Division Bench in I.A. No.1/2018 iW W:P:No.3021 of 2018 dt.11.10.2018. Counsel for the PetitionerSRI. P V RAMANA Counsel for the Respondents: SRI KARRI SATYA GOPINATH (SC FOR APSIDC LTD) : GP FOR COOPERATION The Court made the following ■:.. •1 ■;
X ^ APHC010730532018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 7898/2019 Between: J.RAMA MOHAN RAO, S/O.PURNACHANDAR RAO(LATE), AGED 58 YEARS, WORKING AS DEPUTY EXECUTIVE ENGINEER, NOW WORKING ON DEPUTATION IN A.P.MEDICAL INFRASTRUCTURE DEVELOPMENT CORPORATION, MANGALAGIRI, GUNTUR DISTRICT. ...PETITIONER AND 1.THE ANDHRA PRADESH STATE CO-OPERATIVE RURAL IRRIGATION CORPORATION LIMITED, HACA BHAVAN, OPPOSITE PUBLIC GARDENS, HYDERABAD, REPRESENTED BY ITS MANAGING DIRECTOR. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, AGRICULTURE & COOPERATION DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1.P.V.RAMANA Counsel for the Respondent(S):
1. KARRI SATYA GOPINATH
2. GOVERNMENT PLEADER FOR COOPERATION The Court made the following:
ORDER: This Writ Petition is filed under Article 226 of Constitution of India with / the following prayer for; ]
“.... a Writ of Mandamus, declaring the action of the Respondetns in not implementing the G.O.Ms.No.138 Finance (HR.IV-FR) Department dated 08.08.2017 for continuation of services of the
2 Petitioner up to the age of 60 years while continuing the similarly situated employees of the same Corporation inspite of the orders passed by the Supreme Court of India in S.I.P.Nos.14033 - 14034 of 2017 dated 05.05.2017 and inspite of the interim orders passed by this Court In I.A.No.1 of 2018 in W.P.No.3021 of 2018 dated 11.10.2018 against the same Corporation and Issuing retirement orders vide proceedings No.E2/Ric/Admn./2019/521, dated 10.06.2019 to discontinue the services of the Petitioner after completion of 58 years as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently to declare that the Petitioner is entitled to continue upto the age of 60 years without there being any break in service with all continuity and with pay and allowances. ” When the matter is taken up for hearing, Sri P.V.Ramana,
learned counsel for the Petitioner would submit that the Respondent-Auth orities have complied with the interim order passed by this Court in i.A.No.1 of 2019, dated 28.06.2019 and the Petitioner was continued in service and retired on
2. in that view, no further orders are attaining the age of superannuation, required in this matter and the petition may be disposed of. Learned Standing Counsel for the Corporation would submit that Court
3. may pass appropriate orders. Considering the submissions' made, the Writ Petition is disposed of.
4. The interim order dated 28.06.2019 passed by this Court in I.A.No.1 of 2019, is made absolute. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.
Sd/- V DIWAKAR DEPUTY|R^5TRAR I sectSi officer Andhra Pradesh State Co-operative Rural Limited, HACA Bhavan, 0pp. Public Gardens, //TRUE COPY// To,
1. The Managing Director, Irrigation Corporation Hyderabad. (BY RPAD)
\ V#
2. The Principal Secretary, Agriculture and Cooperation Department, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh (BY SPECIALMESSENGER)
3. One CC to SRI. P V RAMANA Advocate [OPUC]
4. One CC to SRI. KARRI SATYAGOPINATH (SC FOR APSIDC LTD) Advocate [OPUC]
5. Two CCs to GP FOR COOPERATION, High Court of Andhra Pradesh. [OUT]
6. Three CD Copies / / / s \ ■ .
V HIGH COURT « DATED:29/04/2025 \ \
ORDER WP.No.7898 of 2019 DISPOSSING THE WRIT PETITIION