Back
SUBBA REDDY SATTI
P. Venkata Ramana Murthy, S/o Ramaya Dora – Appellant
Versus
Chodavaram Cooperative Sugars Ltd. , represented by its Managing Director, Govada – Respondent
ORDER :
1. Impugning the orders of 1st respondent vide Ref.No.RC.AD/LWO/2021 dated 30.11.2021 whereby retiring the petitioner from service at the age of 58 years, the above writ petition is filed.
2. (a) The averments in the affidavit, in brief, are that the petitioner was appointed as Labour Welfare Officer in 1st respondent industry on 09.11.2006 after due selection process. Petitioner served in the industry as regular employee and the contractual period was due to expire on 21.12.2023 on attaining the age of 60 years. According to the Standing Orders, there are two cadres of employees in the establishment, 1) Manager and 2) Worker. Office of the Labour Welfare Officer is not clothed with any financial or managerial powers. All the employees, other than Manager, are treated as workers. The age of superannuation according to the Standing Orders is 60 years. However, 1st respondent vide proceedings, impugned in the writ petition, extended contract service upto 21.12.2021 only, since the petitioner is attaining the age of 58 years.
(b) The Government of Andhra Pradesh, after reorganization of the State, extended the age of superannuation to all the employees in the State upto 60 years
The main legal point established in the judgment is that unless a memo is adopted by the employer, an employee cannot claim as a matter of right to continue in service beyond the specified age of sup....
The central legal point established in the judgment is the applicability of G.O.Ms.No.15, dtd. 31/1/2022, which enhanced the age of superannuation of Government Employees from 60 years to 62 years, t....
The amendment to superannuation age applies to the petitioners as they are covered under service regulations, ensuring parity with government employees.
The enhancement of retirement age is a policy matter for the State Government and is not automatically applicable to all educational institutions under its governance without amendments to respective....
The age of superannuation is governed by the specific bylaws of an institution, dictated by policy decisions of the State government.
The main legal point established in the judgment is the autonomy of Cooperative Credit Societies in making decisions regarding personnel policy, staffing, and retirement age, and the importance of co....
The Court held that the enhancement of age of superannuation to 62 years is a policy decision of the State Government and does not automatically apply to employees governed by independent Bye-laws.
The central legal point established in the judgment is the interpretation of the Model Service Regulations and the applicability of G.O.Ms.No.15, dtd. 31/1/2022, to the Writ Petitioner's case, based ....
The determination of superannuation age is a policy decision of the government, requiring its approval for amendments, and courts cannot intervene without legal authority.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
