WRIT PETITION 8068/2013 on 1 July 2003

ORDER:

WRITPETITION NO.«n68 OF 201

The present writ petition is filed against the respondentsin not paying the arrears of salary,treatingthesuspensionperiod anddismissal period from 01.07.2003to31.08.2008and other benefits such as EPF contribution etc.,

2. Learnedcounselfor thepetitioner submitsthat thepetitioner while discharging his duty as Chief Executive Officerin the 5^^ respondent-Gudavalluru PACS was allegedto havebeen indulged in certain irregularities and that proceedingswere initiated on account of such allegations againstthepetitioner. Thel^t respondent vide order dated 28.08.2010foundthatthepetitionerisliableforimpositionofpunishments vide order dated 25.09.2006. The 1st respondenthad set aside the order of resolution of the ManagementCommitteedated10.10.2004alongwithorderdated26.01.2005 and directed the respondent herein to reinstate thepetitioner into service and the Managing Committee of the 6^^respondent was directed to implement the orders accordingly.Thesurchargeproceedingsdated28.08.2010werealsoperused and the petitioner is exaggerated from the liability.petitioner while discharging his duty as Chief Executive Officerin the 5^^ respondent-Gudavalluru PACS was allegedto havebeen indulged in certain irregularities and that proceedingswere initiated on account of such allegations againstthepetitioner. Thel^t respondent vide order dated 28.08.2010foundthatthepetitionerisliableforimpositionofpunishments vide order dated 25.09.2006. The 1st respondenthad set aside the order of resolution of the ManagementCommitteedated10.10.2004alongwithorderdated26.01.2005 and directed the respondent herein to reinstate thepetitioner into service and the Managing Committee of the 6^^respondent was directed to implement the orders accordingly.Thesurchargeproceedingsdated28.08.2010werealsoperused and the petitioner is exaggerated from the liability.

i

3. ThisCourtinC.C.No,231of2008,directedtherespondentsto complywiththeordersdated25.10.2007passedinWVMP.No.1252of2007.InWVMP.No.1252 of 2007 of W.P.No.23113of 2006, this Courtvacated the interim orders passed in W.P.M.P.No.29441of2006.It is pertinent to mention that W.P.No.23113of 2006was filed by one Sri K. Mohan Rao, in his personal capacity.Though,his grievanceappearsto have been addressedonbehalf of the society. Considering thesame, the.vacate petitionis filed and this Court vacated the interim ordergranted earlieranddismissedtheW.P.M.P.No.29441of2006.The5*respondent, had not filed the counter.So far, the notice sentfrom this Court is served on the 5* respondent and proof ofservice with respect to the same is Bled.As seen from theproof of service, notice is served on 15.07.2022. However,[the]Thereis no representationon behalf of the5*^^ respondenttoday.respondentsto complywiththeordersdated25.10.2007passedinWVMP.No.1252of2007.InWVMP.No.1252 of 2007 of W.P.No.23113of 2006, this Courtvacated the interim orders passed in W.P.M.P.No.29441of2006.It is pertinent to mention that W.P.No.23113of 2006was filed by one Sri K. Mohan Rao, in his personal capacity.Though,his grievanceappearsto have been addressedonbehalf of the society. Considering thesame, the.vacate petitionis filed and this Court vacated the interim ordergranted earlieranddismissedtheW.P.M.P.No.29441of2006.The5*respondent, had not filed the counter.So far, the notice sentfrom this Court is served on the 5* respondent and proof ofservice with respect to the same is Bled.As seen from theproof of service, notice is served on 15.07.2022. However,[the]Thereis no representationon behalf of the5*^^ respondenttoday.

Conclusion

4. Learned Government Pleader for Cooperationhasfiledcounter affidavit. However, the stand of respondent Nos.l, 3 &4 is that, the claim of the petitioner iIS to be addressed by the5th respondent and so far as the answering respondents in thecounterareconcerned,theyhavenotactedagainstthe principles of naturaljusticeandthatitisifortherespondent to comply with the orders passed by thisCourt inthe writ petition.

4. Considering the submissions of thelearnedcounselonboth sides, and after having gone through the writ petition andmaterial enclosed hereto, this Court is inclined to direct therespondenttopaythearrearsofsalary,treatingthosuspension period and dismissal period from 01.07.2003and31.08.2008asondutyand. alsopaythepetitioner’sEPFcontribution and other benefitsasare accrued onaccount ofservice of the petitioner and shall pay the dues within a periodof four (04) weeks from the date ofreceipt ofacopyofthisorder, failing which, the5*^^ respondent shall beliable to payinterest @ 12 o/q p.a. from the date of default.

5. Accordingly, the writ petition is allowed. There shall beno order as to costs.

As a sequel thereto, interlocutory applications pending,[if]any in the writ petition, shall also stand closed.

To,

//TRUE COPY//

Sd/- K.TATA RAODEPUTY REGISTRAR

/^CTIoifo^FICER

Registrar, Co-operative Societies DepartmentofCooperation, Kavali, SPS Nellore District.

2. The General Manager, Nellore District Co-operative Central Bank,-operative Central Bank,Nellore, SPS Nellore District.

3. The Registrar, Co-operative Societies Hyderabad,

4. The Joint Registrar/District CoDistrict.-operative officer, Nellore, SPS NeiloreDistrict.-operative officer, Nellore, SPS Neilore Mandal, SPS Neilor?D?sTnu'^*^Kondapuram

6. One CC to Sri M V Raja Raam, Advocate [OPUC]

7. One CC to M/s Ch.S.V.Suraj, Advocate

[OPUC]

8. One CC to Sri V.Siva Prasad

Reddy, SC for NDCCB [OPUC]

9. Two CCS to GP for Services -

M, High Court of Andhra Pradesh. [OUT]

10. Two CD CopiesRAM

Note: The S'" Respondent "Bhimavarapadu PACS" i=asasGudavalluru PACS” as npr rn.irt ^PACSis correctedNo.2 of 2021 si^Ltrtutffhis14.03.2024 in i.A.order Which was dispateLd on ogS^'"^No.2 of 2021 si^Ltrtutffhis14.03.2024 in i.A.order Which was dispateLd on ogS^'"^

Sd/- K.TATA RAODEPUTY REGISTRAR

HIGH COURT

DATED:12/12/202314/03/2024

AMENDED ORDER

WP.No.8068 of 2013

ALLOWING THE WPWITHOUT COSTS

RAM

mg11 JUL 202'!Co^ Current Section