G.Demudu v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24545 OF 2017 DATED :22.02.2018 Between :

G.Demudu S/o.Late Sanyasi, Aged about 58 yrs, Working as Assistant Project Engineer Operation, The Rural Electric Cooperative Society Ltd., No.B.1539, Aganampudi, Visakhapatnam District & another. .. Petitioners And The State of Andhra Pradesh, Rep., by its Principal Secretary, Agriculture and Cooperation, Velagapudi, Guntur District & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24545 OF 2017 ORDER :

Heard. Learned counsel for the petitioners and learned counsel for the 4th respondent. With their consent the writ petition is disposed of finally.

2.

Petitioners are employees of Anakapalli Rural Electric Cooperative Society Ltd. Petitioners pray to direct the Society to continue them in service until they attain age of 60 years by treating age of superannuation as 60 years. Pursuant to interim orders granted by this Court, petitioners were continued in service. 3.

Praying to vacate the said interim order, the Society filed I.A.No.2 of 2017 (WVMP.No.3246/2017).

4.

When the matter is taken up for consideration learned counsel agree that similar issue was considered by the Division Bench in W.A.No.135 of 2018 dated 30.01.2018 and the Division Bench passed the following order:

" After hearing the learned Counsel for the parties, we are of the considered opinion that, if respondent Nos.1 and 2 consider the communication of respondent No.4 and come to the conclusion that the superannuation age of the appellants would be 60 years instead of 58 years, then they would be entitled for all consequential benefits."

5.

As the facts noted above are identical to the said writ appeal and the employer in both the writ petitions is the same Society, this Writ Petition is also disposed of holding that if the respondents 1 and 2 consider the communication of respondent No.4 and decide that superannuation age of petitioners would be 60 years instead of 58 years they would also be entitled to all consequential

- 3 - benefits. The interim order earlier granted is vacated. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ P.NAVEEN RAO,J 22nd February, 2018 Rds