IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.SESHASAYANA REDDY WRIT PETITION NO : 29062 of 2008 Between: P.Srinivas S/o Late P.Veera Swamy Makkiput Camp Onukudelli Post Koraput District Orrissa State ..... PETITIONER AND 1 The APGENCO rep.by its Managing Director Vidyut Soudha Hyd 2 The Superintending Engineer O&M Machkund APGENCO Koraput District Orrissa State 3 The Project Engineer Generation Divsion Onkudelli Koratput District Orrisa State .....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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the Memo No ADE/MoKD/D.No 07/2005 dt 29-1-2005 issued by the Asst Divsional Engineer Mechanical Sub Division Onukudelli as highly illegal arbitrary and violative of principles of natural justice and consequently direct the respondents to treat my father's date of retirement was 30-6-2005 only and died in harness and further direct the respondents to consider my case for compassionate appointment and pass Counsel for the Petitioner:MR.EATHAKOTA VENKATA RAO Counsel for the Respondent No.: MR.K.CHIDAMBARAM(SC FOR AP GENCO) The Court made the following : THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 29062 OF 2008 ORDER: 1. This writ petition has been filed by P. Srinivas assailing the Memo No. ADE/M/OKD/D.No. 07/2005, dated 29-1-2005 issued by the Assistant Divisional Engineer, Mechanical Sub-Division, Onukudelli whereby and where under P. Veera Swamy has been relieved of his duties w.e.f. 29-1- 2005. 2. The petitioner is the son of P. Veera Swamy, who was an employee in the office of the Assistant Divisional Engineering Mechanical Sub- Division, Onukudelli-3rd respondent. He retired from service on 29-1- 2005. 3. It is the grievance of the petitioner that his father P. Veera Swamy was to retire on 30-6-2005 and due to his premature retirement on 29-1- 2005, he suffered mental agony and which ultimately resulted in his death. 4. When the writ petition came up for admission, Sri K. Chidambaram, learned standing counsel for GENCO takes notice on behalf of the respondents. 5. Heard learned counsel appearing for the parties 6. Learned counsel appearing for the petitioner submits that the actual date of retirement of P. Veera Swamy was on 30-6-2005, but the department has made him to retire on 29-1-2005. 7. Admittedly, P. Veera Swamy did not choose to question the proceedings where under he has been relieved from duties w.e.f. 29-1- 2005, in view of the attaining the age of superannuation, I do not see any valid ground in the writ petition warranting interference of this Court. 8. Accordingly, this writ petition is dismissed. No order as to costs. ______________________________ Justice B. Seshasayana Reddy 20th January, 2009 KM THE HONOURABLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION NO. 29062 OF 2008 20th January, 2009.