APHC010191392004 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT PETITION NO: 24499 of 2004 Bench Sr.No:-7 [3506] Syed Hussain Meah, ...Petitioner Vs. The Dist Coop Officer Kadapa 3 Others and Others ...Respondent(s) ********** Advocate for Petitioner: D KODANDARAMI REDDY Advocate(s) for Respondent(s): M SRIKANTH REDDY, CHINTALAPUDI LAKSHMI KUMARI, GP FOR COOPERATION CORAM : SRI JUSTICE CHALLA GUNARANJAN DATE : 13th November 2025 The court made the following ORDER: The present writ petition is filed questioning inaction of respondent Nos.3 & 4 in paying salaries to the petitioner since March 2002 onwards, and consequently to direct them to pay the salaries and allowance as entitled. 2 2. The petitioner was employed as paid secretary with respondent No.3-Primary Agricultural Co-operative Society. He was initially appointed as paid secretary by the appointing Committee, Kadapa, by proceedings in Rc.No.2935/78-79, dated 28.09.1978 and was posted as secretary at Chennamukkapalle Cooperative Society. Later, on account of merging societies, he was transferred to T.Sadipiralla Primary Agricultural Cooperative Society on 23.02.1983. Since then, he continued to work there till 22.03.2000. By proceedings in Rc.No.1840/M/99/ADM-I-1999- 2000, dated 10.03.200, the petitioner came to be transferred to Chemmullapalle Primary Agricultural Cooperative Society, where he reported on 23.03.2000 and continued to work. However respondent No.3 stated to have repatriated the petitioner back to T. Sadipiralla by proceedings in Rc.No.1/2004, dated 07.02.2004 and the petitioner opted the said repatriation. 3. Thereafter, based on the petitioner’s complaints, respondent No.2 issued proceedings in R.C.No.668/2004-C, dated 12.08.2024, declaring his transfer to be null and void as the person in charge was not within jurisdiction to issue such transfer orders and further respondent No.3 was directed to admit him into Society with retrospective effect and extend allowances in terms 3 of G.O.Ms.No.94, Agricultural and co-opn (Co-OpVI) Department, dated 28.02.2004. Though the petitioner continued to work with respondent No.3 and that there was no necessity to rejoin in due regard to the proceedings of respondent No.2, he nevertheless submitted a joining report to respondent No.3 and continued to work there accordingly. Since the petitioner had not been paid salaries from March 2002 onwards, he filed the present writ petition. During the pendency of the said writ petition, on attaining the age of superannuation on 30.04.2007, he sought amendment of prayer by filing I.A.No.2 of 2025, claiming salaries from March 2002 till the date of superannuation, besides gratuity amount and surrender leave salary. 4. Heard Sri G. Vijaya Kumar, learned counsel for the petitioner and Sri G. Naveen, learned Assistant Government Pleader for Cooperative societies. None appears for respondent Nos.3 & 4. 5. Learned counsel for the petitioner submits that admittedly the petitioner has been discharging duties as paid secretary with respondent No.3, withholding of salaries for no reason would be clearly arbitrary and illegal. The petitioner has attained 4 superannuation, despite the same respondent Nos.3 & 4 have not settled the arrears of salary, besides gratuity and surrender leave claims. 6. Learned counsel for respondent Nos.1 & 2, while drawing the attention of this Court to the counter affidavit filed, contended that the petitioner did work as paid secretary during the relevant period and respondent No.3 appears to have not paid the salaries and other allowances to which the petitioner otherwise entitled to. He further submitted that, on oral instructions it was informed that respondent No.3 has already been liquidated and a liquidator has been appointed to oversee the affairs of the society for discharging its liabilities. 7. Learned counsel for the petitioner has drawn the attention of this Court to the proceedings dated 21.06.2005, issued by respondent No.2, by which respondent No.3 was ordered for liquidation and further appointing Society Registrar as liquidator under Section 53(10) of A.P Cooperative Societies Act, 1964, in order to realize and discharge liabilities of the said society. 8. Perused the record and considered rival submissions. 5 9. There is no dispute with respect to the petitioner working as paid secretary with respondent No.3 during the relevant period and that he attained the age of superannuation on 30.04.2007. The petitioner has come up with I.A.No.2 of 2025 seeking amendment of prayer in the writ petition, according to which he sought for the payment of arrears of salaries and also other statutory amounts payable. Since there is no opposition to the said application, the same is ordered. 10. Having regard to the submissions made by learned counsel for the petitioner and also considering the averments in the counter affidavit filed by respondent No.2 that petitioner did work with respondent No.3 during the aforesaid period, however was not paid salaries, petitioner is entitled for salaries as claimed in the writ petition, besides the claim of gratuity and surrender leave salary subject to verification and his entitlement. 11. Accordingly, the Writ Petition stands allowed by declaring that the petitioner is entitled to the salary from March 2002 till the date of superannuation. Inasmuch as the 3rd respondent-Society, under whom the petitioner worked, has now been ordered for liquidation, the respondent No.2, liquidator, also the Society 6 Registrar, are hereby directed settle the amounts that are payable to the petitioner towards arrears of salary and all other statutory entitlements in the process of discharging the liabilities of the respondent No.3-Society. Further, the petitioner is also granted liberty to make application before the liquidator claiming aforesaid amount within two (02) weeks from the date of receipt of copy of this order. On such application being made, respondent No.2 and Society Registrar (liquidator) are directed to consider the same keeping in view the observations made above. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, shall also stand closed. ______________________________ JUSTICE CHALLA GUNARANJAN Date: 13.11.2025 ANS 7 243 THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 24499/2004 Date: 13.11.2025 ANS