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2025 DAILYLAW 23685 (AP)

The A P Scheduled Caste Cooperative Finance Corporation Limited., v. C Chandrasekharan

WA/663/2024 · 2025-06-24

A Hari Haranadha Sarma, B Krishna Mohan

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Judgment text

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APHC010333852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ■<v oc WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE^ \\o)i TWO THOUSAND AND TWENTY FIVE PRESENT O . THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN^ AND THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 663 OF 2024 Writ Appeal under clause IS'of the Letters against the interim order dated 15.12.2022 passed in lA No. 1 of 2022 in WP No. 11417 of 2016 on the File of the High Court.^ Between: 1. The A P Scheduled Caste Cooperative Finance Corporation Limited. Vice Chairman and Managing Director, River View apartment. Near Manipal Hospital, Tadepalli, Amaravathi, Guntur Dist. 2. The District S C Cooperative Society Limited, Chittoor rep by its Chairman/District Collector, Chittoor Dist Chittoor 3. The District S C Cooperative Society Limited, Chittoor rep by its Executive Director Chittoor 4. The State of Andhra Pradesh, rep by its Principal Secretary Social Welfare Department, Secretariat, Velagapudi, Amaravathi ...Appellants/RespondentsNo. 1 to 4 »j AND C Chandrasekharan, S/o Bheema Reddy, Aged 52 years Occ Assistant Engineer (Work Inspector), O/o Addl. Project Coordinator, SSA Kadapa, YSR District ...Respondent/Petitionei^ lA NO: 3 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Suspend the operation of the order passed in lA NO 1 of 2022 IN W.P.No. 11417 of 2016, on the file of the Hon'ble High Court of Andhra Pradesh at Amaravathi, Dt. 15.12.2022, pending disposal of the Writ Appeal^ lA NO: 1 OF 2025 C Chandrasekharan, S/o Bheema Reddy, Aged 52 years Occ Assistant Engineer (Work Inspector), O/o Addl. Project Coordinator, SSA Kadapa, YSR District ...Appellants/RespondenjtS' AND 1. The A P Scheduled Caste Cooperative Finance Corporation Limited.,, Vice Chairman and Managing Director, River View apartment. Near Manipal Hospital, Tadepalli, Amaravathi, Guntur Dist. 2. The District S C Cooperative Society Limited, Chittoor rep by its Chairman/District Collector, Chittoor Dist Chittoor 3. The District S C Cooperative Society Limited, Chittoor rep by its Executive Director Chittoor 4. The State of Andhra Pradesh, rep by its Principal Secretary Social Welfare Department, Secretariat, Velagapudi, Amaravathi ...Respondent/Appellants Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order made in IA.No.3 of 2024 in WA.No.663/2024, dated 2-8- 2024. Counsel for the Petitioners: ADDL ADVOCATE GENERAL Counsel for the Respondent: SRI M R TAGORE ^ The Court made the following order: APHC010333852024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3527] WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN THE HONOURABLE SRI JUSTICE A. HARI HARANADHA SARMA WRIT APPEAL NO: 663/2024 Between: The A P Scheduled Caste Cooperative Finance Corporation Limited., and Others ...APPELLANT(S) AND C Chandrasekharan ...RESPONDENT Counsel for the Appellant(S): 1. ADDL ADVOCATE GENERAL Counsel for the Respondent: 1.M R TAGORE 2 HBKM,J & AHHS,J W.A.No.663 of 2024 The Court made the following: JUDGMENT: (Per Hon’ble Sri Justice B. Krishna Mohan) Heard the learned Additional Advocate General for the appellants and the learned counsel for the respondents. 2. This writ appeal arises against the order passed in I.A.No.1 of 2022 in Writ Petition No. 11417 of 2016, dated 15.12.2022. 3. The prayer in the writ petition filed by the respondent herein is as under: “It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents herein in not continuing the petitioner in respondent Corporation or absorbing in any other corporations/Govt. departments following the repatriation orders Rc.No.447/E4/SSA/2015, dated 12-05-2015 and keeping the petitioner under compulsory wait for want of vacancy without paying salaries till this date as illegal, arbitrary and consequentially, this Hon’ble Court may be pleased to direct the respondents herein to continue the petitioner as Assistant Engineer (Wl) either in the respondents Corporation or in any other corporation/Govt. departments following the repatriation orders dated 12-05-2015, with all consequential benefits including arrears of salaries from 12-05-2015 to till the date of joining in service and pass such other order or orders may deem fit and proper in the circumstances of the case.” 3 HBKM,J &AHHS,J W.A.No.663 of 2024 4. In the above said Writ Petition, the above said I.A. was filed by the respondent herein/petitioner therein in which, the learned Single Judge of this Court passed the following interim order, dated 15.12.2022: “Basing upon the representation dated 06.08.2019, vide ROC.No.A1/103/2016, the District Collector and the Chairman of the Cooperative Society, Chittoor, has sent proposals to the 1 respondent ^^nd the same is pending v\/ith the 1^^ respondent. Therefore, the respondent is directed to pass appropriate orders on the proposals sent by the District Collector with regard to the fixation of Revised Pay Scales, 2015 and sanction of earned leave from 13.05.2015 to 24.05.2015 and for payment of salaries for compulsory waiting period from 25.05.2015 to 30.11.2016 and the 1^^ respondent is hereby directed to pass appropriate orders within a period of four weeks from the date of receipt of a copy of this order.” St 5. Both the learned counsels submit that the said interim order has already been complied with except to the extent of claiming benefits for the certain period by the respondent herein. 6. The scope of the writ appeal is to that extent only. As the said issue is already covered by the writ petition in the main prayer of the writ petition, it would not be desirable to keep this writ appeal pending and the same is disposed of enabling the learned Single Judge to proceed with the matter in the writ petition itself. 7. Accordingly, the Writ Appeal is disposed of, without passing any further orders, enabling the learned Single Judge to proceed with the writ petition % 4 HBKM,J & AHHS,J W.A. No. 663 of 2024 as expeditiously as possible. Both the jearned counsels are permitted to make their submissions before the learned Single Judge in the main writ petition itself. In view of the implementation of the orders of the learned Single Judge, as stated above, there shall not be any further contempt proceedings between the parties, pending disposal of the writ petition. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand Sd/- M. RAMESH BABU deputy registrar closed. / //TRUE COPY// SECTION OFFICER To 1. One CC to Sri. M R Tagore Advocate [OPUC] CCs to Additional Advocate General, High Court ^ Andhra Pradesh [OUT] 3. Three CD Copies GSC 2. Two i HIGH COURT DATED:25/06/2025 / /O ORDER WA NO. 663 OF 2024 .IS 17 JUL 2825 rsij o DISPOSING THE WA WITHOUT COSTS