Andhra Pradesh High Court - Amravati
Borusu Ganapathi Rao vs The State Of Andhra Pradesh, on 28 January, 2021
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
(SHOW CAUSE NOTICE BEFORE ADMISSION). IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (SPECIAL ORIGINAL JURISDICTION) THURSDAY, THE TWENTY EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY WRIT PETITION NO: 1987 OF 2021 Between: Borusu Ganapathi Rao, S/o. Verriyya, Age 58 years, Occ: Senior Sales Superintendent, The Visakhapatnam Steel plant Employees Consumer Cooperative Stores Limited., Ukkunagaram, Visakhapatnam District. , .. .Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Agriculture & Cooperation Department, Andhra Pradesh Secretariat, Velagapudi, Amaravathi, Guntur District. Andhra Pradesh. 2. The Commissioner for Cooperation and Registrar of Cooperative Societies, Government of Andhra Pradesh, SKY LARK TOWERS, D.No.2-16-83, 11" Line, Syamala Nagar, Guntur,Guntur District. 3. The District Cooperative Officer, Visakhapatnam, Visakhapatnam District. 4. The Deputy Registrar/Divisional Cooperative Officer, Visakhapatnam, Visakhapatnam District. 5. The Visakhapatnam Steel Plant Employees Consumers Cooperative Stores Ltd., Ukkaunagaram, Visakhapatnam, Represented by its Chairman/PIC. 6. The Visakhapatnam Steel Plant Employees Consumers Cooperative Stores Ltd., Ukkaunagaram, Visakhapatnam, Represented by its Business Manager. ...Respondents WHEREAS the Petitioner above named through his Advocate SriL VS Nagaraju presented this 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 an appropriate Writ, Order or Direction more particularly one in the nature of writ of mandamus to declare the action of 6th respondent in issuing order in VSPECCS/Admn/2020/01 dated 30-12-2020 for retirement of the petitioner on 31-01- 2021 by not extending the age of retirement from 58 years to 60 years as per the provisions of section 115-D (2)(iv) of the APCS Act and also as per Government Memo no. 5825 / Coop.lil 2014-7 dated 23:05.2015 and G.O.Ms.No. 15 dated 04.02.2019, G.O.Ms.No. 36 dated 01.03.2019 as illegal, arbitrary, violative of Article 14 of the Constitution of India and consequently set aside the order in VSPECCS/Admn/2020/01 dated30-12-2020 and direct the respondents to rise the age of superannuation from 58 . year to 60 years to the petitioner as per the provisions of séction 115-D (2)(iv) of the APCS Act and also as per Government Memo no. 5825 / Coop.IIl 2014-7 dated 23.05.2015 and G.O.Ms.No.15 dated 04.02.2019 and G.O.Ms.No.36 dated 01.03.2019 and continue the petitioner till the petitioner attain the age of 60 years in the 6" respondent. AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri L V S Nagaraju, Advocate for the Petitioner and of GP for Cooperative Societies for Respondents, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted. . You viz: 1. The Deputy Registrar/Divisional Cooperative Officer, Visakhapatnam, Visakhapatnam District. 2. The Chairman/PIC, Visakhapatnam Stee! Plant Employees Consumers Cooperative Stores Ltd., Ukkaunagaram, Visakhapatnam. are be and hereby directed to show cause either appearing in person or through an Advocate, as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted. IA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the order in VSPECCS/Admn/2020/01 dated30-12-2020 issued by the 6" respondent for retirement of the petitioner on 31-01-2021and continue the petitioner in service by rising the age of retirement of the petitioner from 58 years to 60 years in the 6 respondent, pending disposal of WP No.1987 of 2021, on the file of the High Court. The Court made the following: ORDER:
"issue notice to the respondents 4 and 5. Learned counsel for the petitioner is also permitted to take out personal notice to the respondents 4 and 5 by RPAD and file proof of service into Registry within four (04) weeks.
Post the matter after four (04) weeks. Meanwhile, there shall be an interim suspension of impugned order in VSPECCS/Admn/2020/01, dated 30.12.2020 as the petitioner is working in the Visakhapatnam Steel Plant Employees Consumers Cooperative Stores Ltd., Ukkaunagaram, Visakhapatnam, which is registered under the provisions of A.P. Co-operative Societies Act 7 of 1964 and the benefit of superannuation at the age of 60 years is extended to the employees working in the Co-operative Societies in G.O.Ms.No.15, Agriculture and Co-operation (COOP-IIl) Department, dated 04.02.2019."
Sd/- TATA RAO ASSISTANT REGISTRAR TRUE COPY// \ig To, inCi . Sects Ch wan
1. The Principal Secretary to Government, Agriculture & Cooperation Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District. Andhra Pradesh.
2. The Commissioner for Cooperation and Registrar of Cooperative Societies, Government of Andhra Pradesh, SKY LARK TOWERS, D.No.2-16-83, 11°" Line, Syamala Nagar, Guntur,Guntur District. The District Cooperative Officer, Visakhapatnam, Visakhapatnam District. The Deputy Registrar/Divisional Cooperative Officer, Visakhapatnam, Visakhapatnam District.
5. The Chairman/PIC, Visakhapatnam Steel Plant Employees Consumers Cooperative Stores Ltd., Ukkaunagaram, Visakhapatnam.
6. The Business Manager, Visakhapatnam Steel Plant Employees Consumers Cooperative Stores Ltd., Ukkaunagaram, Visakhapatnam. (1 to 6 by RPAD- along with a copy of petition and Affidavit)
7. One CC to Sri. L V S Nagaraju Advocate [OPUC]
8. Two CCs to GP for Cooperative Societies, High Court of Andhra Pradesh. [OUT]
9. One spare copy.
B Rw HIGH COURT MSM,J DATED:28/01/2021 ORDER POST THE MATTER AFTER FOUR (04) WEEKS NOTICE BEFORE ADMISSION WP.No.1987 of 2021 INTERIM DIRECTION