MRK,J W.P.No.1040 of 2016 APHC010777772016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 1040/2016 Between: 1. PYLA APPALA NAIDU,, S/O. LATE DEMUDU, HINDU. AGED ABOUT 59 YEARS, R/O. H.NO.10-569/2. BRAHMANAVEEDHI, NARSIPATNAM MANDAL. PEDDA BODDEPALLE. VISAKHAPATNAM DISTRICT-531116. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF COOPERATION. SECRETARIAT BUILDINGS, HYDERABAD. 2. POOSAPETA REGA PRIMARY AGRICULTURAL COOPERATIVE SOCIETY, REP. BY ITS PRESIDENT, POOSAPETA REGA. VIZAINAGARAM DISTRICT. 3. POOSAPETA REGA PRIMARY AGRICULTURAL COOPERATIVE SOCIETY, REP. BY ITS CHIEF EXECUTIVE OFFICER, POOSAPETA REGA. POOSAPETA REGA MANDAL. VIZAINAGARAM DISTRICT 4. THE DIVISIONAL COOPERATIVE OFFICER, VIZAINAGARAM, VIZAINAGARAM DISTRICT 5. THE DISTRICT COOPERATIVE CENTRAL BANK LTD, REP BY ITS CHIEF EXECUTIVE OFFICER, NEAR FORT, VIZIANAGARAM, ANDHRA PRADESH. RESPONDENT NO.5 IMPLEADED AS PER COURT ORDER DATED 12.12.2025 VIDE IA.NO.1 OF 2025 IN WP.NO.1040 OF 2016. MRK,J W.P.No.1040 of 2016 ...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 to issue a writ or order direction more particularly one in the nature of Writ of Mandamus under Art. 226 of Constitution of India, declaring the action of respondents hough the petitioner is entitled an amounts of Rs.2,37,915/- as an arrears of salary had not been paid to the petitioner till date is as illegal, arbitrary and void. Consequently directing the respondents to release the arrears of salary for an amount of Rs.2.37.915/- with interest of the petitioner as he entitled Counsel for the Petitioner: 1. MUDE SAI KUMAR NAIK REP. BY E. SESHA MAHESH BABU Counsel for the Respondent(S): 1. GP FOR COOPERATION (AP) 2. L V S NAGARAJU MRK,J W.P.No.1040 of 2016 The Court made the following ORDER: The writ petition, under Article 226 of the Constitution of India, is filed seeking the following main prayer: “…to issue a writ or order direction more particularly one in the nature of Writ of Mandamus under Art. 226 of Constitution of India, declaring the action of respondents though the petitioner is entitled an amounts of Rs.2,37,915/- as an arrears of salary had not been paid to the petitioner till date is as illegal, arbitrary and void and Consequently directing the respondents to release the arrears of salary for an amount of Rs.2.37.915/- with interest of the petitioner...” 2. Heard Sri E. Sesha Mahesh, learned counsel representing Sri Mude Sai Kumar Naik, learned counsel for the petitioner and learned Assistant Government Pleader for respondent Nos.1 and 4. There is no representation for respondent Nos.2 and 3 in spite of service of notices to them. 3. Learned counsel for the petitioner submits that the petitioner was appointed as Decadraised Secretary in the Peripi Primary Agricultural Co- operative Society, Cheepurpalli Mandal of Vizianagaram District. Thereafter, he worked in various Primary Agricultural Co-operative Societies in Vizianagaram District. While he was working in the 2nd respondent society, the petitioner was merged into 5th respondent Bank on 28.02.2009. 4. Learned counsel further submits that as per G.O.Ms.No.106 A & C (Co- op VI) Department dated 18.04.2008 issued by the 1st respondent, the petitioner is entitled for Rs.12,196/- per month, but the respondents 2 and 3 MRK,J W.P.No.1040 of 2016 Society only paid Rs.7,000/- per month for the period from May to August, 2008. He submits that the 3rd respondent Society has not even paid arrears of salary of Rs.2,37,915/- for the period from September, 2004 to February 2009 to the petitioner, despite issuing legal notice dated 15.09.2015 exposing his grievance and entitlement for the same. 4. Per contra, learned Assistant Government Pleader for Cooperation while reiterating the averments made in the counter affidavit filed by respondent Nos.1 to 4 has disputed the aspect of petitioner’s appointment and service extended by him in the 3rd respondent Society as well as the 5th respondent Bank. Referring to para No.3 of the counter affidavit, she submits that the pay scale structure of the Paid Secretaries is not disputed by the 3rd respondent Society and arrears of salary of Rs.2,37,915 are payable by the 3rd respondent Society as per the Government norms. While making the submissions, the learned Assistant Government Pleader states that the respondent Nos.2 & 3 Society is in fiscal doledrums in order to pay the said arrears due to the petitioners and the claim of the petitioner with regard to arrears of salary has to be recalculated. 5. Taking into consideration all the facts and circumstances of the case, more particularly as there is no consensus on the amount payable to the petitioner towards arrears of salary, this Court, keeping in view that the petitioner is a septuagenarian, is inclined to dispose of the writ petition in the following terms: MRK,J W.P.No.1040 of 2016 I. The petitioner is permitted to make written representation along with all relevant details and proofs to substantiate his claim regarding his entitlement to the amount towards arrears of salary, by way of RPAD to the 3rd respondent, within a period of two weeks, from the date of receipt of copy of this Order. II. In the event of the same, the 3rd respondent is directed to dispose of the said representation, in accordance with law, by passing appropriate orders and communicate the same to the petitioner, within a period of six weeks thereafter. As a sequel, all pending applications shall stand closed. _______________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 23.01.2026 Dvs MRK,J W.P.No.1040 of 2016 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM 169 WRIT PETITION No.1040 of 2016 Date: 23.01.2026 Dvs