P.Jaya Rama Raju v. The State Of Andhra Pradesh

HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.19556 of 2015 ORDER:

Heard Smt. M.Shalini, learned counsel for the petitioners, learned Government Pleader for Cooperation appearing for respondent Nos.1 and 2, Sri Polavarapu Srinivas, learned counsel for respondent Nos.3 to 6, Sri S.Dushyanth Reddy, learned counsel for respondent Nos.7 to 10 and Smt. Bobba Vijaya Lakshmi, learned counsel for respondent Nos.11 and 12.

2.

The petitioners in this Writ Petition are employees of the District Cooperative Central Bank, Nellore, District Cooperative Central Bank, Kadapa, District Cooperative Central Bank, Guntur, Raghavapuram PACS and Korupalli PACS. They assail the action of the respondents in proposing to retire them from service on attaining the age of 58 years. They contend that as per the Act 4 of 2014, Government employees are allowed to retire at the age of 60 years and a statement was also made by the Hon'ble Chief Minister on the day when he was sworn in as Chief Minister that employees would be allowed to continue in service till they attained the age of 60 years. 3.

On 13-07-2016, this Court directed the respondents to take a decision with regard to the age of superannuation taking into consideration the provisions of Section 115-D (2) (iv) of the A.P. Cooperative Societies Act, 1964 and also memoes of the Government issued from time to time.

MSR,J W.P.No.19556 of 2015 4.

It is not in dispute that subsequent thereto, the respective employers of the petitioners have decided to retain the age of superannuation at 58 years only and did not extend the age of superannuation of their employees to 60 years. 5.

Therefore, the petitioners are not entitled to any relief in the Writ Petition. It is accordingly dismissed. However, they are given liberty to question the orders of their respective employers in retaining the age of superannuation of their employees to 58 years in a separate proceedings. No costs.

6.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 13-12-2016 kvr