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2025 DAILYLAW 33755 (AP)

C UMAPATHI v. THE STATE OF AP

WP/26484/2024 · 2025-09-15

Nyapathy Vijay

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010509862024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26484/2024 Between: 1. C UMAPATHI, S/O A.CHINNAPPA,AGED ABOUT 40 YEARS STAFF ASSISTANT/ACCOUNTANT, PRIMARY AGRICULTURE CO-OPERATIVE SOCIETY, KUPPAM, CHITTOOR DISTRICT,R/O GUDUPALL VILLAGE AND MANDAL, GUDUPALLI POST, CHITTOOR, DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, P BY ITS PRINCIPAL SECRETARY AGRICULTURE AND CO-OPERATIVE DEPARTMENT, SECRETARIAT, BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER FOR COOPERATIVE /REGISTRAR FOR COOPERATIVE SOCIETIES, SKYLARK TOWERS, SYAMALA NAGAR, GUNTUR. 3. THE DISTRICT COPERATIVE OFFICER, CHITTOOR, CHITTOOR DISTRICT. DISTRICT. 4. THE DIVISIONAL COOPERATIVE OFFICER, CHITTOOR, CHITTOOR DISTRICT 5. THE KUPPAM PRIMARY AGRICULTURAL COOPERATIVE SOCIETY LTD, KUPPAM, REP BY ITS PERSON IN CHARGE/PRESIDENT 6. THE C E O, KUPPAM PACS, KUPPAM, CHITTOOR 2 DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or orders or direction, one more particularly in the nature of writ of Mandamus declaring the action of the 5th and 6th respondents in not allowing the petitioner to discharge his duties as a Accountant/Staff- Assistant without there being any notice and order and violation of Article 14, 16 and 311 (2) of the Constitution of India and against the principals of Natural justice and consequently direct the respondents to allow the petitioner to discharge his duties as continue the petitioner as Accountant/Staff-Assistant at kuppam Primary Agriculture Co- Operative Society Ltd, Chittoor District ,i.e the 5 th respondent society, IA NO: 1 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 may be pleased to direct the respondents to allow the petitioner to discharge his duties as continue the petitioner as Accountant/staff- Assistant at kuppam Primary Agriculture Co- Operative Society Ltd, Chittoor District of the 5th respondent society by disposing the representations dated.2-1-2020, 29-7-2024 and 9-8-2024, pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. P VARA PRASAD RAO Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.26484 of 2024 ORDER : This writ petition is filed to declare the action of Respondent Nos.5 and 6 in not allowing the Petitioner to discharge his duties as Accountant/Staff Assistant without issuing any notice as illegal and arbitrary. 2. The Petitioner was appointed as Account/Staff-Assistant vide resolution dated 23.07.2018 on a monthly salary of Rs.10,000/- per month with effect from 23.07.2018 in Respondent No.5-society. A resolution was also passed on 29.03.2019 regularizing the services of the Petitioner by Respondent No.5. The 5th Respondent-society also deputed the Petitioner for training course in Diplomo in Rayalaseema Co-operative Training Centre Limited, vide proceedings dated 31.12.2019. 3. After completion of the course, Petitioner gave a representation on 02.01.2020 permitting him to join duty. However, there was no immediate response. Subsequently, with the advent of covid, the father of the Petitioner expired and the Petitioner could not pursue the 5th Respondent-society. As there was no response, Petitioner again gave letters of joining on 29.07.2024 and 4 09.08.2024, but till today the 5th Respondent had not taken any steps for reinstatement of the Petitioner. Hence, this writ petition. 3. Learned counsel for the Petitioner submits that as the Petitioner was regularly appointed, the Petitioner ought to have been reinstated into the post. The Petitioner had filed Service Book and other documents regarding his employment in Respondent No.5- society. 4. Having heard the submissions, this Court is of the opinion that it would be appropriate to direct the Respondents to examine the representations of the Petitioner vis-à-vis the resolutions in respect of the appointment of the Petitioner and pass appropriate orders within a period of three months from today. 5. With the above direction, the writ petition is disposed of. No order as to costs. As a sequel, miscellaneous applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 16.09.2025 KLP 5