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2025 Supreme(Online)(AP) 8507
HIGH COURT OF ANDHRA PRADESH
CHALLA GUNARANJAN, J
Sri Borra Radha Krishna – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No: 15970 of 2025
For the Appellants/Petitioners: Sri Bobba Vijayalakshmi
For the Respondents: GP for Agriculture Cooperation, Sri S. Vijay Kumar
Judicial review under Article 226 must ensure respect for fundamental rights and principles of natural justice in employment contexts.
Headnote:(A) Constitution of India - Article 226 - Andhra Pradesh Cooperative Societies Act, 1964 - Petition challenging the action of officials preventing the petitioner from remaining in service until the age of 62 years - Argument centered on legality, arbitrariness, and contravention of natural justice principles. (Paras 3, 5)
(B) Employment Law - Principles of natural justice - Fundamental rights under Articles 14 and 21 challenged regarding the retirement age and advocacy for continuation of service until 62 years upon representation by members. (Paras 6)
Facts of the case:
The petitioner, a CEO, challenged the decision of officials to enforce the retirement age of 60 instead of 62, supported by a representation made by the members of the cooperative society.
Findings of Court:
The court acknowledged identical issues in other cases and decided to tag this case with them for a collective hearing, pointing towards consistency in judicial approach.
Issues: The legality of enforcing the retirement age against the backdrop of member representation and natural justice principles.
Ratio Decidendi: The court highlighted the necessity to examine administrative decisions against the principles of legality and fair procedure, emphasizing on the importance of employee rights.
Result: Issue notice to the respondents.
| Table of Content |
|---|
| 1. petition challenges retirement age enforcement. (Para 1) |
| 2. legality and member representation pivotal. (Para 3 , 4) |
| 3. court orders notice based on collective concerns. (Para 5 , 6) |
.--.
(SHOW CAUSE NOTICE BEFORE ADMISSION)
lN THE HIGH COURT OF ANDHRA PRADESH AT AMAl (SPECIAL ORIGINAL JURISDICTION)
WEDNESDAY, THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE :PRESENT:
THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN a;+-:a-'\l```t WRIT PETITION NO: 15970 OF 2025 Between :
Sri Borra Radha Krishna, S/o. B.V Rama Rao, aged about 60 years, Occ- chief Executive offl'cer (CEO), M/s. Sree Rama PACS, R/o. H.No.13-12-
7/1, Kovvur Village, West Godavari District, Andhra Pradesh.
.... Petitioner/s AND
1. The State of Andhra Pradesh, rep. by its Principal Secretary, Agriculture and Co-operation Department, Secretariat, Amaravathi, Andhra Pradesh.
2, The District Cooperative officer -DCO, East GodavariDistrict, i AndhraPradesh.
3. The District Co-operative Central Bank L-lmited, Eluru, rep. by its Chief Executive Officer, (C.E.O.,), O/o. Panuganti vari Street, R.R,Pet, EIuru, EluruM/estGodavari District, A.P.
4. M/s. The Sree Rama PACS Ltd., No.H-898, rep. by its Cha'lr-Person/ln-'`
Charge, Kovvur Village, Kovvur Mandal, West GodavariDistrict, AndhraPradesh.
.... Respondents WHEREAS the Petitioner above named through h-ls Advocate SRI BOBBA VIJAYALAKSHMl presented this Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased for issuance of an appropriate Writ, Order, or direction more particularly one; in the nature of Writ of r*J, ty \.
Marldamus declaring the action of the Respondent No.2 to 4 officials I'n Preventing the petitioner to be in service upto age of 62 years, even after 4th Respondent members having corum (106) made representation dated 23.06.2025 for passing resolution in General Body for increasing the age of retirement from 60 to 62 years to employees l'n 4th Respondent, as illegal, arbitrary, without jurisdiction and contrary to the principles of natural justice, yiolative of Fundamental Rights guaranteed under Article 14 and 21 of th; Constitution of India and contrary to the provisions of the Andhra Pradesh Cooperative Societies Act ,1964 and Rules made therein and consequently direct the respondents to continue the petitioner in servI'Ce in 4th Respondent till attain 62 years of age.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of sri BOBBA vlJAYALAKSHMI Advocate for the petitioner, GP FOR AGRICULTURE COOPERATION for respondent nos.1 & 2, Sri S.Vijay Kumar Standing Counsel for respondent no.3, directed issue of notice to the Respondents 3 and 4 herein to show cause as to why this WRIT PETITION should not be£
admitted.
You viz:
1. The District Co-operative central Bank Limited, Eluru, rep. by its chief Executive OffI'Cer, (C.E.O.,), O/o. Panuganti vari street, R.R.Pet, Eluru, EluruAVestGodavari District, A. P.
2. Th.e Chair-Person/ln-Charge, M/s. The Sree Rama PACS Ltd., No.H-
898, Kovvur Vl'llage, Kovvur Mandal, West Godavarj District, AndhraPradesh.
Are be and hereby dl'rected to show cause either appearing in person or through an advocate as to why in the circumstances set out I-n the petI-lion and i the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted.
IANO: 1 OF2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to continue the Services Of the petitioner till he attains the age of 62 years in 4th Respondent, pending d-lsposal of WP No. 15970 of 2025, on the file of the High Court.
The Court made the following: ORDER lfLearned Government Pleader for Cooperation takes notice for respondent Nos. 1 and 2.
Issue notice to respondent Mos.3 and 4.
Learned counsel for petitioner is permit
