IMPORTANT POINT
Employees of Primary Agricultural Cooperative Credit Societies are entitled to the same age of superannuation as government employees, subject to compliance with procedural requirements.

ORDER :

IN W.P.Nos.15259, 15269, 15286, 15927, 18938, 25433, 27678, 27728, 32722, 33335 of 2023 and 153, 1962, 2448, 2461, 3529 and 4781 of 2024:

Heard Sri Kambampati Ramesh Babu, Sri N. Siva Reddy, Sri Srinivas Basava representing Smt. Bobba Vijaya Lakshmi learned respective Counsels for the Writ Petitioners in this batch and Sri P. Vara Prasad, learned Asst. Government Pleader representing the Principal Secretary, Agriculture and Cooperative Department and the District Cooperative Officer.

2. This batch of Writ Petitions is filed by the employees working at various levels in the Primary Agricultural Cooperative Credit Societies in the State of Andhra Pradesh for seeking enhancement of age of superannuation from 60 years to 62 years as per the amendment made by the Government vide G.O.Ms.No.15 dated 31.01.2022. This amendment is made by the Government of Andhra Pradesh and is called as the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Ordinance 2022. This Ordinance was later approved by the State Legislature and eventually became an Act (Act No.4 of 2022) vide Gazette Notification No.4 dated 19.04.2022. Vide the Act No.4 of 2022, the Andhra Pradesh Public Employment (Regulation of Age of Superannuation) Act, 1984 has been amended, enhancing the age of superannuation for the employees working in the Government Departments from 60 years to 62 years.

3. The contention of the Writ Petitioners in these cases is that the age of superannuation which applies to the employees of the Government shall, ipso facto, apply to the employees working in the Primary Agricultural Cooperative Credit Societies in the State of Andhra Pradesh as per the provisions of the Statute namely the Cooperative Societies Act, 1964 (Act No.7 of 1964) and the Andhra Pradesh Cooperative Societies Rules, 1964.

4. Even though various submissions were advanced by various learned Counsel for the Writ Petitioners, broadly the contentious issue that had fallen for consideration before this Court is:

Whether the benefit of Andhra Pradesh Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2022 (Act No.4 of 2022) is available to the employees working in the Primary Agricultural Cooperative Credit Societies in the State of Andhra Pradesh in terms of the Cooperative Societies Act, 1964 and its Rules?

COUNSEL FOR THE WRIT PETITIONERS:

5. The learned Counsel for the Writ Petitioners have taken this Court through the provisions of the above mentioned Statute and the Rules. There is no dispute that the State of Andhra Pradesh has made amendments in respect of extention of age of superannuation to its employees from 60 years to 62 years vide Act No.4 of 2022. Therefore, this Court has to see whether this benefit of extention of age of superannuation arising out of this Act 4 of 2022 would apply to the employees working in the Primary Agricultural Cooperative Credit Societies or not. It would be necessary to examine the relevant provisions of Act No.7 of 1964 along with Rules as amended from time to time.

6. Act No.7 of 1964 was enacted by the Parliament to consolidate and amend the law relating to the Cooperative Societies in the State of Andhra Pradesh based on Cooperative Principles and Cooperative identity. The Respondent Primary Agricultural Cooperative Credit Societies in the instant case are the Registered Societies under the Act No.7 of 1964. Chapter XIII-B (titled as “Special Provisions Applicable to Cooperative Credit Societies Identified Under Revival Package) was inserted and was brought into effect by making necessary amendments vide Act 16 of 2007. By virtue of this amendment, new provisions, namely Sections 115-C & 115-D were added and brought into effect. These are called the “Special Provisions” and are applicable to Primary Agricultural Cooperative Credit Societies. Under Section 30 (1) of the Act No.7 of 1964, “the ultimate authority of a Society shall vest in the General Body”. Clause-(xxiii) of Sub-section