HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1362 OF 2014 DATED:6.11.2014 Between:
Dasari Gangadhara Rao … Appellant And The State of Andhra Pradesh Rep. by its Principal Secretary Animal Husbandry Dairy Development and Fisheries Department Secretariat, Hyderabad and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.1362 OF 2014 JUDGMENT: (per the Hon’ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is sought to be preferred against the judgment and order of the learned Trial Judge dt.8.10.2014 in dismissing the writ petition.
The contention of the writ petitioner appellant is that by virtue of the amended Rules of the District Livestock Development Association/Andhra Pradesh Lilvestock Development Agency, the writ petitioner, being Chairman of the District Livestock Development Association, Tadepalligudem, West Godavari, is entitled to continue for a period of two years more. The admitted fact is that the initial term was for three years and thereafter a resolution was adopted on 19.12.2012 to amend the relevant Rule to extend the term of office of the Chairman for five years. The aforesaid resolution was approved by the government vide G.O. Ms. No.2, dt.5.2.2014. By that time, the petitioner ceased to function as Chairman, as his term of office was expired on 28.3.2013. Learned counsel for the writ petitioner appellant says that the aforesaid order of amendment will be effective from the date of the Resolution and thereby he says that it will have retrospective effect from that date. Nothing has been shown before us that once the approval is made, it would relate back to the date of the Resolution. On the contrary, the general principle of law is that unless expressly provided in the Statute, no executive order or legislative action would have retrospective effect. The learned trial Judge has rightly held so. We do not find any merit in this appeal.
The writ appeal is accordingly dismissed.
Pending miscellaneous petitions, if any, shall also stand dismissed. There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 6.11.2014 bnr