HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16045 of 2011 Date of Order:14.06.2011 Between: The Holagunda Primary Agricultural Co-operative Credit Society Ltd., rep. by its President N.Srinivasa Reddy. ..Petitioner and Government of Andhra Pradesh and others ..Respondents The Court made the following Order: HONOURABLE SRI JUSTICE K.C.BHANU WRIT PEITTION No.16045 of 2011 ORDER :- This writ petition is filed by the petitioner seeking to issue a writ of Mandamus declaring the proceedings of the 1st respondent in Rc.No.834 A/Credit, dated 11.05.2011, as arbitrary and illegal; and consequently direct the respondents to consider and approve the resolution, dated 24.04.2011, passed by the petitioner-Society seeking to avail the services of Mr.J.Basaiah as Secretary/CEO of the petitioner-society from 01.06.2011 to 31.05.2013. 2. The brief facts, that are necessary for disposal of the writ petition, are stated as follows: The petitioner-Holagunda Primary Agricultural Co-operative Credit Society Ltd., was established under the A.P.Co-operative Societies Act, 1964 to promote agriculture. There are 24 villages under this Society. The Society has been successfully functioning, meeting the requirements of farmers in the said 24 villages. One J.Basaiah had been working as Secretary/CEO of the Society with a lot of dedication and hard work. Just before his retirement on 31.05.2011 he was dealing with five court cases. Those cases are very important and he had been effectively handling those cases, besides attending to his regular administration duties and responsibilities of the petitioner-society. Keeping in view the sincerity and hard work of J.Basaiah, the Society wanted to utilize his services even after his retirement for a further period of two years from 01.06.2011 to 31.05.2013. For that purpose, after obtaining the willingness of J.Basaiah, the Executive Body of the Society held a meeting on 24.04.2011 and unanimously passed a Resolution to utilize the services of J.Basaiah for two years from 01.06.2011. The said Resolution was submitted to the 1st respondent for information and necessary action. The 1st respondent by the impugned letter, dated 11.05.2011, rejected the Resolution passed by the Society on the ground that the services of the retired person cannot be continued, beyond 31.05.2011. It is further submitted that under Byelaw No.16(XX)(D) of the Byelaws of the petitioner-society, the General Body of the Society has powers in the matters of recruitment and posting etc. The respondents have no say in the matter of filling up of the posts and utilizing the manpower in accordance with the byelaws. Further, by G.O.Rt.No.990, dated 04.08.2007, the 2nd respondent accorded permission to avail the services of retired employees in the interest of the Society. The action of the 1st respondent in rejecting the resolution passed by the Society to utilize the services of J.Basaiah beyond his retirement date in the interest of the Society, is arbitrary and illegal. Hence, the writ petition. 3. Learned counsel for the petitioner contended that the 1st respondent permitted some of the employees in some of the Primary Agricultural Co-operative Credit Societies to continue after retirement and the petitioner society passed resolution to utilise the services of G.Basavaiah, but the same has been rejected on the ground that the extension of retirement upto 31.05.2013 is not valid and, therefore, the impugned order is liable to be set aside. 4. The regulations relating to the service conditions of the employees of the Primary Agricultural Co-operative Credit Society, Holagunda Village and Mandal, Kurnool District, P.No.140, would apply to all the employees working in the said Society. As per the Regulations, every employee shall retire from the services of the society after completion of 58 years of age. The impugned order is passed to retire the petitioner after completion of 58 years. No doubt the Primary Agricultural Co-operative Credit Society addressed a letter to the Divisional Co-operative Officer-1st respondent to extend the retirement of petitioner upto 31.05.2013. But the said recommendation is contrary to the rules and regulations governing the service conditions of the petitioner. So long as the age of the Superannuation of the petitioner is governed by bye-laws, the question of continuation of services by the petitioner in the Primary Agricultural Co-operative Credit Society beyond 58 years does not arise. Consequently, the question of issuance of writ of Mandamus to the respondents to continue the employee after completion of age of 58 years contrary to the regulations cannot be issued. The writ petition is devoid of merit. 5. Hence, the Writ Petition is dismissed. There shall be no order as to costs. ______________ K.C. BHANU, J June 14, 2011 lmv HONOURABLE SRI JUSTICE K.C.BHANU WRIT PETITION No.16045 of 2011 Date: 10.06.2011 LMV