Chinnam Chithambarappa vs. The Andhra Pradesh State Co-Operative Rural Irrigation Corporation Limited

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Venkateswarlu Nimmagadda
Case Status:Disposed
Order Date:2 May 2023
CNR:APHC010218352023

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Order Issued After Hearing

Purpose:

Admission (Corporation)

Before:

Hon'ble Venkateswarlu Nimmagadda

Listed On:

2 May 2023

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Order Text

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.11514 of 2023

ORDER:

This writ petition is filed by the petitioners under Article 226

of the Constitution of India for the following reliefs:

"...to issue a writ of mandamus or any other appropriate writ or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the respondents in not implementing the G.O.Ms.No.138 Finance (HR.IV-FR) Department dated 08.08.2017 for continuation of petitioner service upto the age of 60 years while continuing the similarly situated employees of the same Corporation inspite of the orders passed by the Hon'ble Supreme Court of India in S.L.P. Nos.14033- 14034 of 2017 dated 05.05.2017 and the orders of the Division Bench of the Hon'ble High Court in I.A.No.1 of 2018 om W.P.No.15983 of 2018 dated 30.04.2018 against the same Corporation and taking steps to discontinue the petitioner service after completion of 58 years as illegal, arbitrary, unjust and violative of Articles 14, 16 and 21 of Constitution of India and consequently declare the petitioner is entitled to continue upto the age of 60 years without there being any break in service with all continuity and with pay and allowances and pass such other order or orders.."

  1. Heard Sri T.S.N. Sudhakar, learned counsel for petitioner, Sri K. Narsi Reddy, learned Standing Counsel for Respondent No.1 and learned Government Pleader for Services-II.

  2. In the course of hearing, it is brought to the notice of this Court by learned counsel for the petitioner as well as learned standing counsel for Respondent No.1 that in similar circumstances, this Court passed an order dated 14.03.2023 in W.P.No.6084 of 2023 directing the respondents to continue the services of the petitioner up to 60 years, relying on the orders of this Court in W.P.No.7043 of 2019 dated 07.08.2019.

  3. In the above circumstances, this writ petition is allowed extending the same benefit and whereby the service of the petitioner is directed to be extended up to 60 years by Respondent No.1 Corporation. Office is directed to enclose a copy of the order in W.P.No.6084 of 2023 and W.P.No.7043 of 2019 to this order. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

____________________________________ VENKATESWARLU NIMMAGADDA, J

2 nd May, 2023 KNR

NV,J W.P.No.11514 of 2023

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

Writ Petition No.11514 of 2023

2 nd May, 2023

Knr