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 toto issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the Respondents 3 and 4, in issuing directions to the 5th respondent Society for effecting recovery of salaries drawn by the petitioner, for service rendered by her after crossing 58 years till Superannuation i.e. up to 60 years i.e. 30.06.2017 as highly illegal, arbitrary and violative of Article 14 of the Constitution of India and contrary to the provisions of A.P. Pubic Employment (Regulation of Age of Superannuation) Act, 1984 and principles of natural justice and pass

IA NO: 1 OF 2018

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 pleased to grant Interim stay of recovery of salaries drawn by the petitioner, for the service rendered by the petitioner i.e. 31.07.2015 to 30.06.2017 pending disposal of the above writ petition and pass

Counsel for the Petitioner:

1. G V SHIVAJI

Counsel for the Respondent(S):

1. GP FOR COOPERATION (AP)

The Court made the following:

ORDER

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:-

“….to issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned action of the Respondents 3 and 4 in issuing directions to the 5th respondent Society for effecting recovery of salaries drawn by the petitioner for service rendered by her after crossing 58 years till Superannuation i.e., up to 60 years i.e., 30.06.2017 as highly illegal, arbitrary and violative of Article 14 of the Constitution of India and contrary to the provisions of A.P. Pubic Employment Regulation of Age of Superannuation Act 1984 and principles of natural justice and pass….”

The petitioner was initially appointed as a Clerk in the 5th respondent Society in February, 1984 and was subsequently promoted as Accountant in the vacancy caused due to retirement in the year 2013. As the petitioner was reaching 58 years, which was prescribed as age of superannuation under the service regulations, she made a request for continuation in service till attaining the age of 60 years, in view of the amendment made to the provisions of the Andhra Pradesh Public Employment (Regulation of Age at Superannuation) Act, 1984 vide Act No.4 of 2014, which came into force with effect from 02.06.2014. By virtue of said amendment, the age of superannuation of Government employees was enhanced from 58 years to 60 years.

The case of the petitioner is that, in pursuant to the said amendment, the services of employees working in co-operative societies governed by the service regulations framed under the provisions of the A.P. Co-operative Societies Act were also continued till they attained the age of 60 years. It is stated that a proposal was sent to the Government seeking amendment of the age of superannuation from 58 years to 60 years in respect of employees of co-operative societies. Thereafter, the 5th respondent Society passed a resolution dated 26.08.2015 approving the decision taken by the Managing Committee vide resolution dated 30.06.2015 enhancing the age of superannuation from 58 years to 60 years. As the 4th respondent objected to the said resolution, the petitioner filed W.P.No.35873 of 2015, wherein this Court passed an interim order directing the respective organization, i.e., the 5th respondent Society, to take a decision by 31.07.2016 and further directed continuation of the petitioner in service till such time. Pursuant to the said interim order, the petitioner continued in service till she attained the age of 60 years and retired from service on 30.06.2017.

The grievance of the petitioner in the present writ petition is that the 5th respondent is intending to