MD.FAIZUDDIN SIDDIQUI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this writ petition, the petitioners are seeking a writ or order or direction especially one in the nature of the writ of mandamus declaring that

(2.) Brief facts leading to the filing of the present writ petition are that both the petitioners were working as Senior Assistants in the respondent No.4 organization. The Government of Telangana issued G.O.Ms.No.45, dtd. 30/3/2021 amending the Telangana Public Employment (Regulation of Age of Superannuation) (Amendment) Act, 2021 and it was published in Part-IV-B extraordinary issue of the Telangana State of Gazette dtd. 27/3/2021 and thereafter in terms of the said amendment G.O.Ms.No.45, dtd. 30/3/2021 has been issued enhancing the age of superannuation of all State Government employees from 58/60 years to 61 years and the said amendment Act has come into force with effect from 30/3/2021. Further vide Circular dtd. 4/4/2021, the Government of Telangana directed all the grant-in-aid institutions, societies, Universities (in respect of non teaching staff), Corporations and other organizations to take necessary action to adopt the age of superannuation as enhanced for the State Government employees, for their employees also from the date of the amendment to the Telangana Act No.3 of 2021 come into force i.e., 30/3/2021, duly obtaining the approval/ ratification of the competent authority and amending the relevant service rules of the respective organizations. It is submitted that Rule 28(6) of A.P.Co-Operative Societies (TS Co-Operative Societies Rules, 1964), provided for the age of superannuation as 58 years. It is submitted that pursuant to the Act 3 of 2021 and G.O.Ms.No.45, dtd. 30/3/2021 and also Circular dtd. 4/4/2021, the petitioners were entitled to continue in service till they attain the age of superannuation of 60 or 61 years as Act 3 of 2021 had come into force w.e.f. 30/3/2021. It is submitted that the respondents had issued the notification No.37, dtd. 2/2/2021 i.e., prior to the issuance of G.O.Ms.No.45, informing the date of retirement of the petitioners as 31/7/2021. However, after the amendment of the Act 3 of 2021 and the Circular dtd. 4/4/2021 and also the resolution passed by the respondent No.4 Society, extending the age of retirement to 60 years vide notification No.516, dtd. 30/6/2021, the petitioners were entitled to continue in service till they attain the age of 60 years. However, the petitioners were made to retire on 31/7/2021 at the age of 58 years and were also paid all the retirement benefits. However, the petitioners made representations on 1/6/2021 and also 12/11/2021 to continue their services till the age of 60 years as per the resolution of the Managing Committee of the Society. In the meantime, the Government of Telangana, Agriculture and Cooperation (Coop.II) Department, issued G.O.Ms.No.34, dtd. 21/10/2021 amending the Service Rules of Telangana Co-Operative Societies Rules, 1964, of Sub-Rule (6) of Rule 28 of TCS Rules, enhancing the age of retirement to 61 years and thereafter, the respondent No.4 has also issued a Circular Memo dtd. 17/11/2021, enhancing the age of superannuation from 58/60 to 61 years. The petitioners again made representation on 2/12/2021. However, there was no response from the respondent No.4 and hence the present writ petition has been filed.

(3.) Learned Government Pleader appearing for the respondents No.1 and 2, has filed a counter affidavit and submitted that pursuant to issuance of G.O.Ms.No.45 dtd. 30/3/2021, G.O.Ms.No.34, Agriculture and Cooperation (Coop.II) Department, dtd. 21/10/2021 was issued amending the Sub Rule(6) of Rule 28 of the Telangana Co-operative Service Rules, 1964, for enhancing the age of superannuation from 58/60 to 61 years and vide Circular dtd. 17/11/2021, the Commissioner for Co-operation and Registrar of Co- operative Societies, Telangana, Hyderabad, issued instructions to all the District Co-operative Officers in the State to take necessary action accordingly in this regard. It is submitted that the representations of the petitioners to continue their services till the age of 61 years were forwarded and the respondent No.4 was directed to implement the orders issued by the Government vide G.O.Ms.No.34, dtd. 21/10/2021. It is submitted that Managing Committee of the Society and the General Body had to take necessary decision in the matter. Enclosed thereto is the recommendation of the Deputy Registrar of the Co-operative Societies to the Secretary of respondent No.4 Society vide Rc.No.711/2016- Credit, dtd. 20/12/2021 to continue the petitioners until they attain the age of 61 years.