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2026 DAILYLAW 8809 (AP)

SHAIK GOUSYA v. THE STATE OF ANDHRA PRADESH

WP/22756/2026 · 2026-08-30

Nyapathy Vijay

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : Date of uploading : APHC010420522026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] MONDAY, THE 31st DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22756/2026 Between: 1. SHAIK GOUSYA, D/O. SHAIK REHMAN, AGED ABOUT 42 YEARS, OCC OFFICE SUBORDINATE, D.NO. 70-20-2141, 3RD LINE HUSSAIN NAGAR, PONNUR ROAD, GUNTUR - 522003. 2. S.SANKAR NARAYANA,, S/O. LATE R. SUBRAMANYAM, AGED ABOUT 57 YEARS, OCC DEO, D.NO.6/4/232, MARUTHI NAGAR, 3RD CROSS, ANANTHAPURAMU -515001. 3. M. REDDY GOPAL REDDY,, S/O. LATE M.MUNI REDDY, AGED ABOUT 44 YEARS, OCC DEO, D.NO.28-1026, KANNAIAH NAIDU COLONY, GANGANAPALLI ROAD, CHITTOOR-517001. 4. VANAMA SRIKANTH,, S/O. V. MOHANA RAO, AGED ABOUT 41 YEARS, OCC DEO, D.NO.61-6-446, SATYANARAYANA SWAMI TEMPLE STREET, GUNTUR - 522001. 5. BEZZALA.LAKSHMI NARASIMHA,, S/O. LATE B.NARASIMHULU, AGED ABOUT 45 YEARS, OCC DRIVER, D.NO- 3-24, GORLA BAZAR, KUNCHANAPALLI, TADEPALLI MANDAL, GUNTUR - 522501. 6. CH.NIRAMAL PRASAD,, S/O. CH.PURUSHOTHAM RAO, AGED ABOUT 43 YEARS, OCC DRIVER, D.NO.5-112, GANDHI NAGAR 8TH WARD, EDUPUGALLU, KRISHNA DISTRICT -521151. 7. AKULA SRINIVAS,, S/O. AKULA CHALAPATHI RAO, AGED ABOUT 44 YEARS, OCC DPO, H.NO.9-301, YARRABALEM (V), MANGALGIRI (M), GUNTUR DISTRICT- 522502. 2 8. ANISHA DALIPARTHI,, S/O. DVDS PRASAD, AGED ABOUT 37 YEARS, OCC DPO, H.NO.5-37-76, 4/9TH LINE, BRODIPET, GUNTUR-522002. 9. SHAIK MASTAN VALI,, S/O. SHAIK MOHAMAD ANIF, AGED ABOUT 39 YEARS, OCC DPO, D.NO.15-13-105, GANDHI NAGAR, NEAR MASID E AKSA, GUNTUR - 522001. 10. EESA.RAKESH,, S/O. E. ELEESHA, AGED ABOUT 37 YEARS, OCC DEO, D.NO.42-108-780, AMBEDKAR NAGAR, KOPPOLE, PRAKASAM DISTRICT- 523286. 11. CH.KOTESWARA RAO,, S/O. CH.JAYANTHA RAO, AGED ABOUT 37 YEARS, OCC DPO, D.NO-3-89,MAIN ROAD NEAR NTR STATUE, CHINNAYAGUDEM, EAST GODAVARI - 534316. 12. AGURU.BALAJI,, S/O. A.TIRUPATHI RAO, AGED ABOUT 31 YEARS, OCC DEO, D.NO.1-153, RAMA MANDIRAM, ANTIPETA, MANYAM PARVATHIPURAM DISTRICT - 535546. 13. YELAMANCHILI. ANUSHA, S/O. YELAMANCHILI KANAKARAJU, AGED ABOUT 28 YEARS, OCC DPO, D.NO.15-299, NEAR BOYS HIGH SCHOOL, DOWLAISWARAM, EAST GODAVARI - 533125. 14. TS.HAVILA,, D/O. LATE TS. YOHAN BABU, AGED ABOUT 45 YEARS, OCC DPO, D.NO.14-729/14, SAI NIVAS, SF2, MANIKYA NAGAR 4TH LANE, 6TH CROSS ROAD, VIJAYAWADA - 520007. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY. TRIBAL WELFARE DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. PIN 522239 2. AP SCHEDULE TRIBES COOPERATIVE FINANCE CORPORATION LTD TRICOR, REP. BY ITS MANAGING DIRECTOR, KONERU LAKSHMAIAH STREET, VIJAYAWADA. PIN 520010. 3. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY. FINANCE DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. PIN 522239. ...RESPONDENT(S): 3 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 toissue Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in not implementing the Human Resources (HR) Policy of TRICOR dt. 25.09.2017 in favour of the Petitioners in spite of recommendation by the Respondent No. 2 as illegal, arbitrary, descriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently direct the Respondents to implement the HR Policy uniformly to the Petitioners on par with similarly placed employees with all consequential benefits immediately IA NO: 1 OF 2026 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 direct the Respondents to extend the Petitioners the same benefit of HR Policy on par with similarly situated employees, who have been absorbed as per the HR Policy, 2017, pending disposal of the Writ Petition Counsel for the Petitioner(S): 1. M SRIKANTH Counsel for the Respondent(S): 1. GP FOR SERVICES I 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 W.P.No.22756 of 2026 ORDER : This writ petition is filed questioning the inaction of the Respondents in not implementing the Human Resources (HR) Policy of TRICOR dated 25.09.2017 in favour of the Petitioners in spite of recommendations by Respondent No.2 as illegal and arbitrary. 2. Respondent No.2 is a registered Co-operative society and works under the Tribal Welfare Department with an aim to provide financial assistance to Scheduled Tribe beneficiaries. The Society was also included in the Schedule-IX of the A.P.Re-organisation Act, 2014 and was de-merged vide G.O.Ms.No.19, Tribal Welfare (GCC) Department, dated 16.02.2016. A new HR policy was formulated in the year 2017 allocating 35 posts to Head Office and 30 posts in the District Office and Corresponding amendments to Special Bye-Laws of Respondent No.1 were carried out. The Petitioners who were appointed after due selection process on different dates on contract basis are discharging duties in sanctioned posts. 3. While so, pursuant to the letter of Managing Director of Respondent No.2 on 12.09.2023, the State Government vide G.O.Rt.No.35, dated 26.02.2024 approved the engagement of (04) 5 persons under HR policy as approved by the Board of Respondent No.2 chaired by the Principal Secretary to Government Tribal Welfare Department, Commissioner for Co-operation and Registrar of Co-operative Societies. 4. One person by name T.Chinna Rao, who is similarly placed as Petitioners filed W.P.No.10714 of 2025 and the same was disposed of on 05.02.2026 directing the Respondents to consider the representation in accordance with HR policy. Pursuant thereto, Respondent No.2 addressed a letter on 27.03.2026 vide R.C.No.SOW03-12044/1/2024-TRICOR SEC-COTW, to Respondent No.1 to issue necessary orders for implementing HR policy as regards Petitioners also. However, no further decision is taken thereon. 5. In the light of above mentioned facts, the writ petition is disposed of directing the Respondent No.1 to examine the request of the Petitioners for implementing HR Policy 2017 as recommended by Respondent No.2 vide letter dated 27.03.2026 by taking note of G.O.Rt.No.35 dated 26.02.2024 within a period of four (04) months from the date of receipt of a copy of this order. No order as to costs. 6 As a sequel, the miscellaneous petitions if any shall stand dismissed. ___________________ NYAPATHY VIJAY, J Date: 31.08.2026 KLP