Andhra Pradesh High Court
WP/31182/2024 of Nagarapu Chinna Satyanarayana Vs The State of Andhra Pradesh, on 31 December 2024
COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY , THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31182 OF 2024 Between: Nagarapu Chinna Satyanarayana, S/o Satyanarayana, Age- 60
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI(Special Original Jurisdiction)
TUESDAY ,THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 31182 OF 2024
Between:
Nagarapu Chinna Satyanarayana, S/o Satyanarayana, Age- 60 years,Occ- Sub-Staff (Attender), The Gangalakarru Primary Agriculture Cooperative Society Limited, Gangalakurru, Ambhajipeta Mandal, Dr. B.R.Ambedkar Konaseema District.
...PETITIONER^
AND
1. The State of Andhra Pradesh, Rep. by its Principal SecretarytoGovernment, Agriculture and Cooperation Department,[Andhra][ Pradesh]Secretariat, Velagapudi, Amaravathi, Guntur District.[Andhra][ Pradesh.]Government, Agriculture and Cooperation Department,[Andhra][ Pradesh]Secretariat, Velagapudi, Amaravathi, Guntur District.[Andhra][ Pradesh.]
2. The Commissioner for Cooperation and Registrar of CooperativeSocieties, Government of Andhra Pradesh, Vijayawda,[Krishna][ District.]Societies, Government of Andhra Pradesh, Vijayawda,[Krishna][ District.]
3. The District Cooperative Officer, Amalapuram, Dr.[B.R.][ Ambedkar]Konaseema District.Konaseema District.
4. The Divisional Cooperative officer, Amalapuram,[Dr.][ B.R.][ Ambedkar]Konaseema District.Konaseema District.
5. The Gangalakarru Primary Agriculture Co-operative Society Limited,Gangalakurru, Ambhajipeta Mandal, Dr. B.R. Ambedkar[Konaseema]District, Represented by its President.Gangalakurru, Ambhajipeta Mandal, Dr. B.R. Ambedkar[Konaseema]District, Represented by its President.
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...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Courtmaybepleasedtoissuedanappropriatewrit,OrderorDirectionmoreparticularly one in the nature of writ of mandamus to declare the action ofthe 5th respondent in ordering for retirement of the petitioner at the age of60 years as illegal, arbitrary, violative of Article 14 of the ConstitutionofIndia andcontraryto G.O.Ms.No15Finance(HR.IV-FRandLR)Department dated 31-01-2022 and the resolution dated 20.09.2022passedby the 5th respondent society and consequently direct the respondentstocontinue the petitioner in servicetill the petitionerattaintheageof 62years in the 5th respondent society.
lA NO: 1 OF 2()?d
Petition under Section 151 CPCpraying that in the circumstancesstated in the affidavit filediin support of the petition, the High Court may bepleased to direct the respondent to continue theservices of the petitionertill the petitioner attains the age of 62 years in the 5th respondent societypending disposal of the writ petition.
Counsel for the Petitioner: SRI L V S NAGARAJU
Counsel for the Respondent Nos.1 to 4: SRI T V ANANDA RAO, ASST.
GOVT. PLEADER
The Court made the following: ORDER
i
APHC010597692024IN THE HIGH COURT OF ANDHRAPRADESHtAT AMARAVATI(Special Original Jurisdiction)[3331]'’Snrtr^
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION NO: 31182/2024
Between;
1.NAGARAPUCHINNA SATYANARAYANA,S/0SATYANARAYANA,AGE-60YEARS,OCC-SUB-STAFF(ATTENDER),THEGANGALAKARRUPRIMARYAGRICULTURECO-OPERATIVESOCIETYLIMITED,GANGALAKURRU, AMBHAJIPETA MANDAL,DR. B.R. AMBEDKAR KONASEEMA DISTRICT.AGE-60YEARS,OCC-SUB-STAFF(ATTENDER),THEGANGALAKARRUPRIMARYAGRICULTURECO-OPERATIVESOCIETYLIMITED,GANGALAKURRU, AMBHAJIPETA MANDAL,DR. B.R. AMBEDKAR KONASEEMA DISTRICT.
...PETITIONER
AND
1.THE STATEOF ANDHRAPRADESH,REP.BYITSPRINCIPALSECRETARYTOGOVERNMENT,AGRICULTUREANDCOOPERATIONDEPARTMENT,ANDHRAPRADESHSECRETARIAT, VELAGAPUDI,AMARAVATHI, GUNTUR DISTRICT.ANDHRA PRADESH.SECRETARYTOGOVERNMENT,AGRICULTUREANDCOOPERATIONDEPARTMENT,ANDHRAPRADESHSECRETARIAT, VELAGAPUDI,AMARAVATHI, GUNTUR DISTRICT.ANDHRA PRADESH.
2.THE COMMISSIONER FOR COOPERATION AND REGISTRAR OFCOOPERATIVESOCIETIES,GOVERNMENTOFANDHRAPRADESH, VIJAYAWDA, KRISHNA DISTRICT.COOPERATIVESOCIETIES,GOVERNMENTOFANDHRAPRADESH, VIJAYAWDA, KRISHNA DISTRICT.
3.THE DISTRICT COOPERATIVE OFFICER, AMALAPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.AMBEDKAR KONASEEMA DISTRICT.
4.THEDIVISIONAL COOPERATIVEOFFICER, AMALAPURAM,DR.B.R. AMBEDKAR KONASEEMA DISTRICT.B.R. AMBEDKAR KONASEEMA DISTRICT.
5.THE GANGALAKARRUPRIMARY AGRICULTURE COOPERATIVESOCIETY LIMITED, GANGALAKURRU, AMBHAJIPETA MANDAL,[DR.]B.R. AMBEDKAR KONASEEMADISTRICT, REPRESENTED BY ITSSOCIETY LIMITED, GANGALAKURRU, AMBHAJIPETA MANDAL,[DR.]B.R. AMBEDKAR KONASEEMADISTRICT, REPRESENTED BY ITS
n
PRESIDENT.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in thecircumstances statedin the affidavit filed therewith, the High Court may bepleased to may be pleased to issued an appropriate writ, Orderor Directionmore particularly one in the nature of writ of mandamus todeclare the actionof the 5th respondent in ordering for retirement of thepetitioner at the age of60 years as illegal, arbitrary, violative of Article 14 ofthe Constitution of Indiaand contrary to G.O.Ms.No 15 Finance (HR.IV-FR and LR) Departmentdated 31-01-2022 and the resolution dated 20.09.2022passed by the 5threspondent society and consequently direct the respondentsto continue thepetitioner in servicetill the petitioner attain the age of 62yearsin the 5threspondent society and pass lA NO:1 OF 2024
Petition under Section 151 CPC praying that in the[circumstances][ stated]in the affidavit filed in support of the petition, the High Court may be pleasedmay be pleasedtodirect the respondent to continuetheservicesof thepetitioner till the petitioner attains the age of 62 years in the 5th respondentsociety pending disposal of the writ petition and pass Counsel for the Petitioner:
1.L VS NAGARAJU
Counsel for the Respondent(S):
1.GP FOR SERVICESII
The Court made the following:
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:: ORDER ::
Heard Sri L.V.S.Nagaraju, learned counsel for the petitioner[and]SriT.V.AnandaRao,learnedAssistant GovernmentPleaderforCorporationappearing for respondents 1 to 4.
2. The notice in respect of the 5^*^ respondent is dispensed[with][ since][ no]adverse order is passed affecting the interest of therespondent.adverse order is passed affecting the interest of therespondent.
^
3. Thepetitioner was appointedasSub-Staff (Attendar)inthe5‘^respondent society on 01.12.1985 and has been discharging duties. Petitioneris retiring from service on 31.12.2024 on attaining the age of superannuationof 60 years.
4. Be that asit may, a resolution passed by the General Body of thesociety on 20.09.2022 (Ex.P.1), enhancing the age of superannuation of itsemployees from 60 to 62 years. Despite the resolution passed by the societyenhancing the age of superannuation, the petitioner was informed about hissuperannuation on 31.12.2024.society on 20.09.2022 (Ex.P.1), enhancing the age of superannuation of itsemployees from 60 to 62 years. Despite the resolution passed by the societyenhancing the age of superannuation, the petitioner was informed about hissuperannuation on 31.12.2024.
5. Learned Government Pleader would submit that as per[Section 16][ of]the Andhra Pradesh Co-Operative Societies Act, 1964 (for short ‘the Act’)noamendment of a bye-law of a society is valid unless such amendment hasbeen registered under the Act; that every proposal for such amendment shallbe forwarded to the Registrar and after receipt of such proposal, the Registrar,within thirty days register the bye-law; that the Government may, for sufficientthe Andhra Pradesh Co-Operative Societies Act, 1964 (for short ‘the Act’)noamendment of a bye-law of a society is valid unless such amendment hasbeen registered under the Act; that every proposal for such amendment shallbe forwarded to the Registrar and after receipt of such proposal, the Registrar,within thirty days register the bye-law; that the Government may, for sufficientcauseextend the period by thirty more days; thatif the Registrarisnotsatisfied, in turn, will communicate by registered post the order of refusal withreasons to the society; that if no order of refusalis communicated withinaweek, after the expiry of the period specified[(total][ sixty][ days),]it shall bedeemed that the Registrar has not registered the[amendment.]satisfied, in turn, will communicate by registered post the order of refusal withreasons to the society; that if no order of refusalis communicated withinaweek, after the expiry of the period specified[(total][ sixty][ days),]it shall bedeemed that the Registrar has not registered the[amendment.]
r
(6.Learned Government Pleader for Cooperatives also contendedthatRule 10(2) of the Andhra Pradesh Co-Operative Societies Rules, 1964 (forshort 'the Rules’) mandates that a resolution for amendment of bye-law shallbe furnished to the Registrar within thirty days from the date of the meeting.
7. Thus, as seen from the material available on record, there is no disputeregarding the resolution passed by the General Body of the 5**^ respondentsociety, under Ex.P.1. However, the same was not forwarded to the DeputyRegistrar/ Divisional Cooperative Officer. The employee is going to retire fromservice on 31.12.2024. Registration of amendment to the by-laws, as seenregarding the resolution passed by the General Body of the 5**^ respondentsociety, under Ex.P.1. However, the same was not forwarded to the DeputyRegistrar/ Divisional Cooperative Officer. The employee is going to retire fromservice on 31.12.2024. Registration of amendment to the by-laws, as seen from Section 16 of the Act,is necessary. Thereupon,[the][ amendment][ to][ the]by-laws comes into force.
8. Given the facts and circumstancesof the case, since[the]resolutiondated20.09.2022wasnotforwardedtotheDeputyRegistrar/Divis[ional]CooperativeOfficer, without goinginto the meritsof thematter,theWritPetitionis disposed of at the admission stage, with[the][ consent][ of][ learned]counseloneitherside,directingthe person-in-chargeofrespondent-Society to forward the resolution passed under Ex.P1 along with challan bypaying requisite fee, to the Deputy Registrar/Divisional Cooperative Officer,withintwoweeks.Onreceiptofsuchrequest,thelearnedDeputyRegistrar/Divisional Cooperative Officer shall pass appropriate orders strictlyas per the rules, and communicate its decision to the Society. Based upon thecommunication, the5*^ respondent shall take further steps regarding thecontinuation of the petitioner’s service. No costs.dated20.09.2022wasnotforwardedtotheDeputyRegistrar/Divis[ional]CooperativeOfficer, without goinginto the meritsof thematter,theWritPetitionis disposed of at the admission stage, with[the][ consent][ of][ learned]counseloneitherside,directingthe person-in-chargeofrespondent-Society to forward the resolution passed under Ex.P1 along with challan bypaying requisite fee, to the Deputy Registrar/Divisional Cooperative Officer,withintwoweeks.Onreceiptofsuchrequest,thelearnedDeputyRegistrar/Divisional Cooperative Officer shall pass appropriate orders strictlyas per the rules, and communicate its decision to the Society. Based upon thecommunication, the5*^ respondent shall take further steps regarding thecontinuation of the petitioner’s service. No costs.
LearnedGovernmentPleaderforCooperativesshallinformtheconcerned Deputy Registrar/Divisional Cooperative Officer,[about][ this][ order.]
Miscellaneous petitions pending, if any, shall stand[closed.]
Sd/- V. SAVITHRI GOWRIASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To
1. The Principal Secretary to Government, Agriculture and CooperationDepartment, Andhra Pradesh Secretariat, Velagapudi, Amaravathi,Guntur District. Andhra Pradesh.Department, Andhra Pradesh Secretariat, Velagapudi, Amaravathi,Guntur District. Andhra Pradesh.
2. The Commissioner for Cooperation and Registrar of CooperativeSocieties, Government of Andhra Pradesh, Vijayawda,[Krishna][ District.]Societies, Government of Andhra Pradesh, Vijayawda,[Krishna][ District.]
3. The District Cooperative Officer, Amalapuram, Dr. B.R. AmbedkarKonaseema District.Konaseema District.
4. The Divisional Cooperative officer, Amalapuram, Dr. B.R. AmbedkarKonaseema District.Konaseema District.
5. The Gangalakarru Primary Agriculture Co-operative Society LimitedGangalakurru, Ambhajipeta Mandal, Dr. B.R. Ambedkar KonaseemaDistrict, Represented by its President.Gangalakurru, Ambhajipeta Mandal, Dr. B.R. Ambedkar KonaseemaDistrict, Represented by its President.
6. One CC to Sri L V S Nagaraju, Advocate [OPUC]
7. Two CCs to GP For Cooperation, High Court of Andhra Pradesh. [OUT]
8. Three CD Copies
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HIGH COURT
DATED:31/12/2024
ORDERo\WP.No.31182of2024X2 2 JAN 2025mlo-^.Curreni Section£espATC«^^
DISPOSING OF THE WP WITHOUT COSTS