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2026 DAILYLAW 8228 (AP)

AMMIREDDY ADISESHA REDDY v. SRI POTTI SRIRAMULU NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD

WP/33219/2025 · 2026-08-17

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : -- Date of pronouncement : 18.08.2026 Date of uploading : 18.08.2026 APHC010641882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] TUESDAY, THE 18th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 33219/2025 Between: 1. AMMIREDDY ADISESHA REDDY, S/O PICCHI REDDY, AGED ABOUT 55 YEARS, OCC STAFF ASSISSTANT, CHEJERLA PACS, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. SRI POTTI SRIRAMULU NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD, COOPERATIVE CENTRAL BANK LTD., REP. BY ITS CHIEF EXECUTIVE OFFICER, SPSR NELLORE, SPSR NELLORE DISTRICT. 2. THE DIVISIONAL COOPERATIVE OFFICER, SPSR NELLORE, SPSR NELLORE DISTRICT. 3. THE PRIMARY AGRICULTURAL COOPERATIVE SOCIETY PACS, CHEJERLA REP. BY ITS CHAIRPERSON, SPSR NELLORE, SPSR NELLORE DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURAL AND CO OPERATION DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 5. THE COMMISSIONER FOR CO OPERATION, AND REGISTRAR OF CO OPERATIVE SOCIETIES GOVERNMENT OF ANDHRA PRADESH SHYAMALA NAGAR, GUNTUR, GUNTUR DISTRICT. 6. THE DISTRICT CO OPERATIVE OFFICER, SPSR NELLORE, SPSR NELLORE 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 a) Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring the impugned transfer order dated 18.11.2025 transferring the petitioner from Chejerla PACS to Rapur PACS as illegal, arbitrary, malafide, punitive, violative of Articles 14, 16 and 21 of the Constitution of India, and contrary to the principles of natural justice and consequently set aside the same b) Direct the respondents to forthwith release the petitioners salary and allowances from August 2024 till date with all attendant benefits c) Pass such other orders. IA NO: 1 OF 2025 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 stay all further proceedings pursuant to the impugned transfer order dated 18.11.2025 and permit the petitioner to continue at Chejerla PACS in the same post by directing the respondents to maintain status quo with respect to his place of posting and pass such other orders. IA NO: 2 OF 2025 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 respondents to immediately pay the petitioner’s unpaid salary and allowances from August 2024 onwards, pending disposal of the writ petition and pass such other orders. 3 Counsel for the Petitioner: 1. NAVULURU KRISHNA SAI Counsel for the Respondent(S): 1. SIVAPRASAD REDDY VENATI 2. GP FOR SERVICES II The Court made the following: Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 4 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.33219 of 2025 ORDER: 1. The present Writ Petition is filed questioning the impugned order dated 18.11.2025 transferring the Petitioner from Chejerla PACS to Rapur PACS and to declare the same as illegal and arbitrary and consequently direct the Respondents to forthwith release the salary and allowances due to the Petitioner. 2. The Petitioner was appointed in the year 1992 as Staff Assistant/Assistant Executive in Mamuduru PACS. Subsequently, in the year 2005, Mamuduru PACS, Galipalem PACS and Chittaluru PACS were merged with Chejerla PACS and the Petitioner was continuing as the employee of Chejerla PACS. While so, the Petitioner was transferred to Rapur PACS on administrative ground vide Proceedings No.RCM/HR Policy/DLIC 25/2025-26, dated 18.11.2025 and the salary and allowances due to the Petitioner from August, 2024 were also not paid. Hence, the present Writ Petition is filed. 3. Learned counsel for the Petitioner relies on G.O.Ms.No.90, Agriculture & Cooperation (COOP-II) Department, dated 04.12.2020, wherein it is mentioned that the transfers should be within the Revenue Division and not beyond the Revenue Division and the impugned 5 transfer of Petitioner to Rapur PACS is beyond the Revenue Division and therefore the impugned transfer cannot be sustained. 4. Learned Standing Counsel Sri Siva Prasad Reddy Veneti appearing for Respondent Nos.1 to 3 on instructions submits that the transfer of Petitioner was on account of administrative exigency and Clause (iv) of G.O.Ms.No.90, dated 04.12.2020 cannot be read as an absolute condition barring transfer of individuals beyond the Revenue Division, however, the transfer was effected upon approval of the District Level Empowered Committee (DLEC). 5. Heard the learned counsels. 6. Chejerla PACS is in Atmakur Revenue Division while Rapur PACS is in Nellore Revenue Division. Vide G.O.Ms.No.90, dated 04.12.2020 HR Policy to the PACS Employees was issued on the recommendations of the State Level Empowered Committee (SLEC). As per the said policy, transfers could be effected by the DLEC within Revenue Division. Clause (iv) of Para 3 thereof reads as under; “iv. Upon approval of the District Level Empowered Committee (DLEC), the transfers shall be implemented by the Convenor of the DLEC by issuing necessary orders and that the transfers of CEOs and Assistant Executives shall be made among the same category of PACS. In case of exigencies, effected the transfers to the immediate next 6 category of the PACS and made within the Revenue Division for every 3 years normally and no CEO shall continue in the same PACS for more than 5 years at a stretch.” 7. In the light of the above, the Writ Petition is disposed of, with the following directions; i) The impugned order issued by the Chief Executive Officer/DLEC Convener vide Proceedings No.RCM/HR Policy/DLIC 25/2025-26, dated 18.11.2025 is hereby set-aside; ii) Respondent No.3 in consultation with DLEC shall re-examine the aspect of posting of Petitioner and shall take appropriate decision in that regard; iii) Further the issue of payment of salary and allowances due to the Petitioner shall also be considered; iv) No order as to costs. 8. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 18.08.2026 IS 7 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.33219 of 2025 Date: 18.08.2026 IS