Telangana High Court
WP/24823/2004 of Kuchipudi Gandhi, Vs The District Cooperative Officer, on 30 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE K.C. BHANU WRIT PETITION No. 24823 of 2004 Between: Kuchipudi Gandhi, S/o. Chinnabbai, Hindu, aged about 39 years, Occ:
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE K.C. BHANU
WRIT PETITION No. 24823 of 2004
Between: Kuchipudi Gandhi, S/o. Chinnabbai,Hindu, aged about 39 years,Occ: Assistant Secretary/Accountant,The Primary Agricultural Cooperative Credit Society,Chinthalpudi, Ponnur Mandal, Guntur District.
AND
..... PETITIONER
1 The District Cooperative Officer, Guntur.2 The Dy. Registrar of Cooeprative Societies/The Divisional Cooperative Officer, Tenali, Guntur District. 3 The District Collector, ( Cooperation), Guntur.4 The District Cooperative Central Bank, rep. by its General Manager, Guntur, Guntur District. 5 The Chinthalpudi Primary Agricultural Cooperative - Credit Society,Chinthalpudi Ponnur, Ponnur Mandal, Guntur District, Rep. by its Person incharge/Brach Manger.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying that in the circumstances stated in theAffidavit filed herein the High Court will be pleased to Issue a writ order or direction more one in the nature ofwrit of mandamus declaring the action of the respondent No.1 to 4 in not promoting the petitioner as secretaryto the 5th respondent society, not withstanding the resolution of the 5th respondent society dt. 4.3.1998 topromote the petitioner as secretary, as illegal, arbitrary, and it is further consequently prayed that this Hon'bleCourt may be pleased to direct the respondents to forthwith constitute a selection committee and promote thepetitioner as secretary to the 5th respondent society dt. 4.3.1998 (Subject No.1 Resolution No.1).Counsel for the Petitioner: MR.S. NARASIMHA RAOCounsel for the Respondent No.1 to 3: GP FOR COOPERATION
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ORDER:
For not giving promotion to the petitioner as a Secretary of the 5[th]respondent society, in pursuance of the resolution dated 04.03.1998,passed by the 5[th] respondent, the present writ petition is filed.
The learned counsel for the petitioner contended that the 5[th]respondent passed a resolution dated 04.03.1998 for promoting thewrit petitioner as a Secretary, but the respondents 1 to 4 have nottaken any action. Hence, he prays to give a direction to therespondents.
On the other hand, the learned standing counsel appearing for therespondents 1 to 4 contended that the resolution, if any passed bythe 5[th] respondent, does not confer any right to the writ petitioner toclaim for promotion as a Secretary.
In the circumstances, without entering into the merits of the case, theWrit Petition is allowed, with a direction to the respondents 1 to 5 toconsider the case of the writ petitioner for promotion as a Secretary tothe 5[th] respondent society, in accordance with rules.
_________
30.12.2004
To:
1. The District Cooperative Officer,
Guntur
2. The Deputy Registrar of Cooperative Societies/
The Divisional Cooperative Officer, Tenali,Guntur District
3. The District Collector,
(Cooperation) Guntur
4. The General Manager,
The District Cooperative Central Bank,
Guntur, Guntur District
5. The Person in-charge/Branch Manager,
The Chinthalapudi Primary Agricultural
Cooperative Credit Society,
Chinthalapudi Ponnur, Ponnur Mandal,
Guntur District
6. Two CCs to the Government Pleader
for Cooperation, High Court Buildings,Hyderabad (OUT)
7. Two CD copies.