Andhra Pradesh High Court - Amravati
Yelamanchali Srinivasa Rao vs The State Of Ap on 21 April, 2023
'\
lN THE HIGH COURT OF ANDHRA PRADESH AT AMAR
(SPECIAL ORIGINAL JURISDICTION)
FRIDAY, THE TWENTY FIRST DAY OF APRIL i
ll^/O THOUSAND AND ll^/ENTY THREE ~
: PRESENT: aharJ\-.
T#HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO ~
WRIT PETITION NO: 10019 OF 2023 J
Between:
Yelamanchali Srinivasa Rao, S/o. MahalakshmI'(Late), Aged. 59 years,
Occ. Staff Assistant, R/o. H.No.56-39-2, Thota Veedhi,
Kancharapalem, visakhapatnam (u), visakhapatnam District-530008.
...Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Food
and Agriculture Department, Secretariat Buildings, Velagapudi,
Amaravathi, Guntur District.
2. The Commissioner for co-operation and Registrar of Co-operative
Societies, Government of Andhra Pradesh, Amaravathi.
3. The District Co-operative Officer, Visakhapatnam District.
4. The DistrI'Ct Co-operative Central Bank, Viskhapatnam, Visakhapatnam
District.
...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 I'SSue a Writ, Order Or direction more Particularly One in the nature Of
writ of Mandamus, declaring the impugned action of the 4th respondent bank
I'n issuing impugned Notice No.Estt/SP.No.154/2022-23, dt 29.03.2023, for
suPerannuating the petitioner w.e.f 30.04.2023, though petitioner is entitled to
be in service upto 62 years i.e. 30.04.2025, as per the amendment made vide
G.O.Ms.No.15 Finance(HR, IV-FR & LR) Department dt 31.01.2022, as highly
illegal, arbitrary, violative of Articles 14 and 16 of the Constitution of India,
consequently Set aside the Same.
IANO: 1 OF2023
Petition under Sectl'on 151 CPC praying that in the circumstances
stated in the affidavit fI'led in Support Of the Petition, the High Court may be
Pleased tO direct the respondents tO continue the Service Of the Petitioner uPtO
the age of 62 years, pending disposal of wp 10019 of 2023, on the file of the
High Court.
The petition coming on for hearing, upon perusing the petl'tion and the
affidavit filed in support thereof and upon hearing the arguments of sri G V
Shivaji, Advocate for the petitioner and of GP for Agriculture for the
Respondent Nos.1 & 2, M/s. V. Umadevi, Standing Counsel for Respondent
Nos.3 & 4, the Court made the following
ORDER:
[[This Honourable Court earlier in W.P.No.9982 of 2023 and other Writ Petitions, which are pertaining to the same subject matter on that of the present petition, passed the following Interim Order.
"Hence, there shall be an interim direction to continue the petitioner and this Court feel that the G.O.Ms.No.15, is applicable to all the employees who cover under Article 12 of the Constitution of India."
Since the present Writ Petition is also on the same lines, the above interim order passed is also applicable to the present case.
Post after Summer Vacation, 2023 for filing counter."
§d/-K. KASIRAO ACHARI
ASS!S'T-ANT RF_-G ISl-FaAR
//TRUE COPY//
Fol. S N OF=F!CER
To,
1. The Principal Secretary, Food and Agriculture Department, State of ~ Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. =E=
2. The Commissioner for Co-operation and Registrar of Co-operative Societies, Government of Andhra Pradesh, Amaravathi.
3. The District Co-operative Officer, Visakhapatnam District.
4. The District Co-operative Central Bank, Viskhapatnam, Visakhapatnam District. (1 to 4 by RPAD)
5. One CC to Sri. G V Shivaji, Advocate [OPUC]
6. One CC to Sri V. Umadevi, Standing Counsel [OPUC]
7. Two CCs to GP for Agriculture, High Court ofAndhra Pradesh. [OUT]
8. One spare copy.
MSB HIGH COURT TRR,J DATED:21/04/2023 ORDER POST AFTER SUMMER VACATION, 2O23 FOR FILING COUNTER WP.No.10019 of2O23 lNTERIM DIRECTION •,£A \,/ I f-J¥+¥`) ~,-_
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