1 HN, J W.P.No.39106_2014 APHC010697672014 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 39106/2014 Between: 1. K.K. DURGA PRASAD, S/O. VENKATESHWARA RAO,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 2. MARRI REDDY VENKAT REDDY, S/O. VENKAT SUBBA REDDY,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 3. CH. BHASKAR RAO, S/O. APPALLA SWAMY,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 4. L.P.R. CHANDER RAO, S/O. VENKATA RAMAIAH,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 5. TATA SAMBASIVA RAO, S/O. VENKAIAH,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 6. V. RADHA KRISHNA RAO, S/O. VENKATA SUBBA RAO,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 7. A. RAMA KRISHNAIAH, S/O. RAGHAVAIAH,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 8. A. GANDHI, S/O. VENKATA SUBBAIAH,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 9. K.J.P. NARAYANA RAO, S/O. S.RAMAIAH,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 10. V.V. RAGHAVAIAH, S/O. NAGAIAH,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 2 HN, J W.P.No.39106_2014 11. P. BRAHMANANDA RAO, S/O. SESHAGIRI, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 12. G. MADHUSUDHANA RAO, S/O.SUBBA, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 13. P.S.V.PRASAD, S/O. P.V.SETHARAMA SASTRY,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 14. SRIRAM PUMA CHANDER RAO, S/O. VENKATESWARA RAO,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 15. M. RAMA RAO, S/O.NARSAIAH, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 16. CH. LAKSHMANA RAJU, S/O. NAGA RAJU,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 17. M.RAJENDRA PRASAD, S/O.VENKATATRAMAIAH,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 18. B.RAGHAVA RAO, S/O. RAMA SASTRULU,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 19. J. PRABHU DAS, S/O. PRAKASHAM,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. 20. KURRA VENKATESWARA RAO, S/O. VENKATA RATNAM,, C/O. R/O. MOVVA VILLAGE AND MANDAL, KRISHNA DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH REP BY ITS, 1. PRINCIPAL SECRETARY, ANIMAL HUSBANDRY DEPARTMENT, SECRETARIAT, HYDERABAD. 2. THE KRISHNA DISTRICT MILK, PRODUCERS MUTUALLY AIDED CO-OPERATIVE SOCIETY LIMITED, VIJAYAWADA, KRISHNA DISTRICT. 3. THE ANDHRA PRADESH DAIRY DEVELOPMENT COOPERATIVE FEDERATION LIMITED, REPRESENTED BY ITS MANAGING DIRECTOR, A.P.I.I.C.BUILDINGS, MANGALAGIRI, GUNTUR 3 HN, J W.P.No.39106_2014 DISTRIRCT, ANDHRA PRADESH. ...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 toto issue an order, direction or writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in issuing the proceedings dated: 15.04.2014, as illegal arbitrary and unjust and consequently set aside the same and direct the 1st respondent to release pension to the petitioners from the date of their respective retirements IA NO: 1 OF 2014(WPMP 49020 OF 2014 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 direct the Respondent to consider the cases of the petitioners for grant of pension as per the A.P. Revised Pension Rules, pending disposal of writ petition. IA NO: 1 OF 2019 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 pass an order by permitting the petitioners herein to implead the 3rd Respondent herein as proper and necessary party to the above main writ proceedings in W.P No. 39106 of 2014 pending on the file of this Hon'ble court in the interests of justice and pass Counsel for the Petitioner(S): 1. CHANDRA SEKHAR ILAPAKURTI 2. G RAVI MOHAN Counsel for the Respondent(S): 1. RAJESH KUMAR GUNDAPU SC For APDCFL 2. N RAJESWAR RAO 3. GP FOR AGRICULTURE (AP) 4. A V S LAXMI 4 HN, J W.P.No.39106_2014 ORDER: 1. The learned counsel appearing for the petitioners submits that the petitioners were initially working as employees of the Integrated Milk Project under the control of the Animal Husbandry Department, Government of Andhra Pradesh. The petitioners were appointed on various dates during the year 1970. 2. The learned counsel further submits that, after the formation of the Andhra Pradesh Dairy Development Corporation, the employees working in the Integrated Milk Project were required to give their option for transferring their services from the Government to the respondent No.3 Corporation. It is submitted that G.O.Ms.No.14, dated 06.01.1976, was issued, calling upon the interested employees to exercise their option in the prescribed form within a period of two months from the date of issuance of the G.O. It is submitted that the option once exercised shall be final. 3. It is also submitted that the petitioners, during the course of their employment, had attained their age of superannuation. The petitioners claim that they did not exercise the option for transferring their service record from the Government to the respondent No.3 Corporation. However, on account of the unilateral transfer of the petitioner's services into respondent No.3 Corporation, they stand to lose on the monetary front in terms of receipt of pension and other service benefits. 5 HN, J W.P.No.39106_2014 4. The learned counsel for the petitioners submits that the respondents ought to grant pension as per the Andhra Pradesh Revised Pension Rules, instead of treating them as employees of respondent No.3, particularly when petitioners did not exercise any option to transfer their services from the Government to the respondent No.3 Corporation. 5. The learned counsel for respondent Nos.1 and 3 submits that a detailed counter has been filed, and that similarly placed employees had initially filed Writ Petition Nos.30043 of 2011 and 32208 of 2011, seeking to be treated as employees of the State Government and to be permitted to draw the pension as per the Andhra Pradesh Revised Pension Rules. In this regard, this Court, vide Orders dated 15.11.2011 and 12.12.2011, disposed off the writ petitions, directing the respondents to forward the applications of the petitioners therein to respondent No.1 within a period of two weeks from the date of issuance of the copy of the order, and thereafter respondent No.1 was directed to consider the claims of the petitioners therein. 6. The learned counsel further submits that respondent No.1 has rejected the cases of the petitioners therein, and that the present case of the petitioners on par with the other writ petitions in W.P.Nos.30043 of 2011 and 32208 of 2011. It is submitted that the petitioners had drawn salaries and were extended other service benefits from the respondent No.3 Corporation as their employees since the year 1979. It is also submitted that the petitioners have been sanctioned pension in accordance with the prevailing rules of the respondent No.3 Corporation. 6 HN, J W.P.No.39106_2014 7. At this belated stage, the petitioners cannot seek to be considered as employees of the State on the sole ground that they did not exercise their option; such a claim cannot withstand scrutiny under law. It is further submitted that, having received service benefits from the year 1979 onwards, the petitioners did not make efforts at the earliest point of time to have them considered as employees of respondent No.1 rather than employees of respondent No.3. 8. Heard and perused the record. 9. The case of the petitioners falls on par with the writ petitions which were disposed of by this Court. Considering that the respondents have not considered the cases of other similarly placed petitioners, and that those employees have not challenged the orders passed by respondent No.1 negating their claims for being treated as employees of respondent No.1, no further relief can be granted in this writ petition. This Court cannot entertain the writ petition and grant the relief as sought for. 10. Accordingly, the present writ petition stands closed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date:24.02.2026 NKA 7 HN, J W.P.No.39106_2014 195 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 39106 of 2014 Date: 24.02.2026 NKA