IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9979 of 2008 Between: Sri P. Yerrannaidu S/o. Rajappadu R/o. Arasavalli, Srikakulam Mandal, Srikakulam District. ..... PETITIONER AND 1 The President, The Arasavalli Primary Agricultural Co-operative Society Ltd., Arasavalli, Srikakulam District. 2 The Chief Executive Officer, Arasavalli, P.A.C.S., Arasavalli, Srikakulam District. 3 The Deputy Registrar/Divisional Co-operative Officer, Srikakulam. 4 The Joint Registrar-cum-District Co-operative Officer, Srikakulam. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in issuing the notice dated 26.04.2008 as being illegal, arbitrary, violative of principles of natural justice of the Constitution of India, violative of Articles 14 and pass Counsel for the Petitioner:MR.G.RAMA MANOJA Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9979 of 2008 ORDER: The petitioner is working as a Secretary in Arasavalli Primary Agricultural Co-operative Society Limited, Arasavalli, Srikakulam District, 1st respondent herein. A notice, dated 15.04.2008, was issued by the 1st respondent, informing the petitioner that he would attain the age of superannuation on 30.04.2008 and giving him an opportunity to submit objections, if any, for the same. The petitioner received the same on 16.04.2008 and made a representation to the respondents on 18.04.2008. He stated that he is entitled to continue in service up to 60 years of age and places reliance upon sub-Section (3) of Section 47 of the A.P. Shops and Establishments Act (for short ‘the Act’). It is also his case that the said Act would prevail upon the A.P. Co-operative Societies Act (for short ‘the Societies Act’). This writ petition is filed assailing the notice issued by the respondents, as illegal, arbitrary and contrary to the settled principles of law. Heard the learned counsel for the petitioner and the learned Government Pleader for Co-operation. The petitioner places heavy reliance upon sub-Section (3) of Section 47 of the Act. Even from that, it is not clear that an employer must continue its employees up to the age of 60 years. The provision had a bearing only upon the calculation of certain benefits, in the event of cessation, be it on attaining of superannuation, resignation, death etc. Further, Rule 28 of A.P. Co-operative Societies Rules mandates that no employee of the co-operative society shall be continued in service beyond 58 years of age. Even assuming that the provisions of the Act had any precedence over that of the Societies Act, a Division Bench of this Court i n V.Gopalakrishnaiah vs. District Co-operative Central Bank, E.G.District[1] held that an employee of a co- operative society cannot claim the benefit of 60 years, by placing reliance upon the provisions of the Act. Under these circumstances, no relief can be granted in this writ petition. The writ petition is, accordingly, dismissed. There shall be no order as to costs. _________ 30.04.2008 JSU ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{MSN} THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 9979 of 2008 Date: 30.04.2008 JSU [1] 1998(6) ALD 137 (DB)