Telangana High Court
WP/8909/1993 of P.VIJAYA LAKSHMI Vs UNION OF INDIA on 31 March 1994
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON’BLE SRI JUSTICE B. PRAKASH RAO WRIT PETITION NO : 8909 of 1993 Between: Reddy Tata Rao, S/o Naganna dora, aged 58 years, r/o
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE FOURTEENTH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON’BLE SRI JUSTICE B. PRAKASH RAO
WRIT PETITION NO : 8909 of 1993
Between:
Reddy Tata Rao, S/o Naganna dora, aged 58 years, r/o Payakaraopet, VisakhapatnamDistrict.
..... PETITIONER
AND
1. Thandava Co-op Sugar Limited, Payakaraopet, Visakhapatnam District,rep. By its Managing Director.rep. By its Managing Director.
2. The Director of Sugar-cum-Cane Commissioner, Govt of A.P., Exhibitiongrounds, Nampally, Hyderabad.grounds, Nampally, Hyderabad.
.....RESPONDENT
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will be pleased toissue a writ, order or orders one in the nature of writ of mandamus declaring thenotice issued by the first respondent in proceedings DCS NO.Admn/Estt/Retirement/2002-2003 dated 21.4.2003 in superannuation of thepetitioner at the age of 58 years as illegal, arbitrary and unconstitutional andconsequently direct the first respondent to continue the petitioner in service up to theage of 60 years with all the consequential benefits and pass such other order ororders as this Hon’ble Court may deem fit and proper in the circumstances of thecase.
Counsel for the Petitioner:MR.J.PRABHAKAR
Counsel for the Respondent No.: MR.ARAJASHEKAR REDDY (SC FOR CG)
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ORDER:
Heard both sides and at their request the main Writ Petition itself is taken up fordisposal.
The question involved in this Writ Petition, with regard to the age ofsuperannuation, is squarely covered by a decision of the Full Bench, reported inTHE ETIKOPPAKKA COOPERATIVE AGRICULTURAL AND INDUSTRIALSOCIETY LIMITED VS. K. SANYASI AND OTHERS wherein, this court held thatthe respondents-petitioners have no right to continue in service beyond 58 years ofage under Rule 28(5) of the A.P. Cooperative Societies Rules, 1964.
In view of the above, nothing survives in this Writ Petition and accordingly,the Writ Petition is dismissed. No costs.
Dated:14.12.2004.
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____________________ B. PRAKASH RAO, J
To
1. Thandava Co-op Sugar Limited, Payakaraopet, Visakhapatnam District,rep. By its Managing Director.rep. By its Managing Director.
2. The Director of Sugar-cum-Cane Commissioner, Govt of A.P., Exhibitiongrounds, Nampally, Hyderabad.grounds, Nampally, Hyderabad.
3. 2 CCs to G.P. for Cooperatives, High Court of A.P., Hyderabad. (OUT)
4. 2CD copies.