NAGESWARA RAO V Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is assailing the proceedings of the 2nd respondent, dated 12-9-1995 (wrongly typed as 12-8-1995) as illegal and arbitrary and violative of Principles of natural justice.

(2.) The facts of the case are that the petitioner was working as General Manager at Rajahmundry union. While so, he attained the age of superannuation of 58 years and he was sought to be retired from service from 31-7-1995. On 7-2-1995 a communication was also issued to the petitioner that he would retire from service on 31-7-1995 on attaining the age of superannuation. However, on 31-7-1995 a communication was issued by the Managing Director of the 2nd respondent Federation to re-employ the petitioner for a period of one year after the date of superannuation i.e., 31-7-1995. The extract of the D.O. Letter, dated 31-7-1995 is as follows:-

(3.) The grievance of the petitioner is that the petitioner having been re- employed for a period of one year with effect from 1-8-1995 cannot be discontinued on the ground that the Board of Directors of the Federation have decided not to re-employ the petitioner after retirement on attaining the age of superannuation. It is also his contention that the impugned order is in gross violation of the principles of natural justice, inasmuch as no notice or opportunity was given to him before terminating his re-employment tenure.