The High Court · 2025

Counsel for the Petitioner : SRI A.SURESH, ADVOCATE FOR SRI S.RAHUL REDDY Counsel for the Respondent No.1 : GP FOR COOPERATION Counsel for the Respondent Nos.2 & 3 : Ms. V.MYTHILI, ADVOCATE FOR DR K.LAKSHMI NARASIMHA W.P.NO:7161 OF 2009 Between:

1. A. Arunakar, S/o. Laxmi Narsaiah, Field Officer RelireC on VRS from ABFSCS Ltd. Kuravr. R:/o. l\,4ahabubabad, Warangal District.

2. B. Venkata Ram Narsaiah, S/o. It4ukundaiah, Field Officer Retired on VRS from ABFSCS Ltd. Kuravi. Rt/o. Irylahabubabad, Waranltal District.

3. G. Yadagiri, S/o. Desaiah, Field Officer Retired on VRS from ABFSCS Ltd. Kuravi. R/o. Ivlahabubabad, Wara ngal District.

4. P. Appa Rao, S/o. Venkat Narsaiah, Field Officer Rertired on VRS from ABFSCS Ltd. Kuravi. FYo. Mahabubabad, Warangal District.

5. lVl. Raghavender Reddy, S/o. Janardhan Reddy, Field Of icer Retired on VRS from ABFSCS Ltd. Kuravi. PJo. l\,tla habubabad, Waranc al Distnct. ..PETITIONERS AND

1. Commissioner for Cooperation and Registrar of, Coop€ rative Societies, Andhra Pradesh, Hyderabad.

2. Andhra Bank Farmers Service Co-op Society Ltd., Kurtrvr. Rep by its tt4anaging Director, Kuravi Mandal, Warangal District.

3. Branch Manager, Andhra Bank, Mahabubad, Warangal District. .....RESPONOENTS Petrtion Under Article 226 af lhe Constitution of inclia praying that in the circurnstances stated in the affidavit filed therewith, the Figh Court may be pleased to issue writ of lrrlandamus, or any other appr:priate writ, order or direction, declaring the action of the 2nd and 3rd re:;pc,ndents in illegally withholding the salary advances lrom 1-12-2003 to 3'l-8-2007 and not paying the salary dues trom 1-12-2003 to 31-8-2007 as totally illegal anrj in violation of the directions issued by the 1st respondent and also in violatiorr o.'Articles 14,21 , 23 (1) and 300-4 of constitution of lndia and consequen y dift)ct the respondents to pay the salary for the period the petitioners have worked from 1-12-2003 to 31-g- I i I I I ! I i I I I : 2007 the date of valuntary retirement of the petitioners with bank rate of interest with all other consequential reliefs. l.A.NO:1 OF 2009 (WPMP.NO:9386 OF 2009) 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 No.2 to pay the salary dues of the petitioners from 1-12- 2003 to 31-8-2OO7. Counsel for the Petitioner: SRI A.SURESH, ADVOCATE FOR SRI S.RAHUL REDDY Counsel for the Respondent No.1 : GP FOR COOPERATION Counsel for the Respondent Nos.2 & 3 : Ms. V.MYTHILI, ADVOCATE FOR DR K.LAKSHMI NARASIMHA W.P.NO:25579 OF 2009 Between: D.Rangaiah, S/o Laxminarasaiah, Retd Employee Mahabubabad, Warangal District. .....PETITIONER AND

1. Andhra Bank Farmers Service Co-op Society Ltd, Kuravi rep.by its tVlanaging Director Kuravi(lvl) Warangal District.

2. Managrng .Director, Andhra Bank Farmers Service Co-Op Society Ltd Kuravi Kuravi(M) Warangal District. .....RESPONDENTS Petition Under Arlicle 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondents in not paying the 10 months leave encashment in terms Regulation 43 of The Andhra Bank Farmers Service Coop Society Ltd Staff Service Regulations 1988 read with G.O Ms NO 232 dt .16- 9-2005 and paying only 6 months leave encashment as totalty illegal without jurisdiction and consequently direct the respondents to pay the difference of 4 months leave encashment amount with interest of or 12o/o |rom the date it became due. i ! I I I , I i I I i I I j I i t : I I I I.A.NO:1 OF 2009 (WPMP.NO:33319 OF 2009) Petition Under Section '1 51 CPC praying that in the ,lircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay the difference amounl of 4 months leave encashment with interest of @ 12ok from the date it became due in terms regulation 43 of The Andhra Bank Farmer's Service C;oop Society Ltd Staff Service Regulations 1988 read with G.O tt/s No 232 dt 16-1)-2005. I.A.NO:1 OF 2024 Petition under Seclion 15'1 CPC praying that in the r)ircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the proposed petitioners to bring on record as Petitioner No.2 & 3 herein as the Legal Representatives of the deceased Writ Petitiorer namely D. Rangaiah in above WP No.25579 of 2009 by arraying the L.R as Petitio rer No.2 and 3. Counsel for the Petitioner : SRI A.SURESH, ADVOCATE FOR SRI S.RAHUL REDDY Counsel for the Respondent No.1 : GP FOR COOPERATIICN Counsel for the Respondent Nos.2 & 3 : Ms. V.MYTHILI, ADVOCATE FOR DR K.LAKSHMI NARASIMHA W.P.NO:8847 OF 2010 Between

1. Smt- Kadiyala Padma, W/o Late Veera Bhadra Ftao R/o lt4ahabubabad, Warangal District.

2. Smt. Kolichalma Padma, W/o Late Lalu, R/o [t/ahabubabad, Warangal District. ....PETITIONERS AND

1. Commissioner for Cooperation and Registrar of, Cooperzdive Societies, A.P Hyderabad.

2. Andhra Bank Farmers Service Coop. Society Ltd., Kurav, Rep. by its Managing Director Kuravi Mandal, Warangal District. : I I I I i

3. Branch [Vanager, Andhra Bank, Mahabubad, Warangal District. .....RESPONOENTS Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to rssue writ of Mandamus or any other appropriate writ order or direction declaring the action of the 2nd and 3rd respondents in illegally withholding the salary advances from 'l-12-2003 to 31-8-2007 and not paying the salary dues from 1-12-2OO3 to 31-8-2007 as totally illegal and in violation of the directions issued by the '1 st respondent and also in violation of Articles 14, 21 , 23(1) and 300-4 of Constitution of lndia and consequently direct the respondents to pay the salary for the period the petitroners husbands have worked from 1-12-2003 to 31- 8-2007 the date of voluntary retrrement of the petitioners husbands with bank rate of interest with all other consequential reliefs to the petitioners. l.A.NO:1 OF 2010 (WPMP.NO:11430 OF 2010) 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 no. 2 to pay the salary dues of the petitioners husbands from 1-12-2OO3 to 31-8-2007 to the petitioners Counsel for the Petitioner : SRI A.SURESH, ADVOCATE FOR SRI S.RAHUL REDDY Counsel for the Respondent No.1 : GP FOR COOPERATION Counsel for the Respondent Nos.2 & 3 : Ms. V.MYTHILI, ADVOCATE FOR DR K.LAKSHMI NARASIMHA The Court made the following COMMON ORDER .5 t ! !' L.t' ,, r, I i*I' Itrb! a: THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAI(A WRIT PETITION Nos.1353 7L6l 25579 of 2OO9 and 8847 of2OlO COMMON ORDER: The issue involved in these writ petitio;rs is intrinsically interconnected and therefore, they are taken up rrncl heard together and are being disposed of by this common order.

2. W.P.No.8847 of 201O is ta[6n up as leading case to decide the lis in these cases. The said Writ Petition, under Article 226 of the Constitution of India, is frled seeking following reliel': "...Lssue wit of Mandamus or anu other appropn c tuit order or direction declaing the action of the 2tu and 3d respon,lents in illegallg withholdirry the salary aduances Jrom 1.12.2OO3 to 31.8.2007 and not paging the salary dues from 1.12.2003 to 31.8.20A7 zs totaltg ittegat and in utolation oJ tLe directioas issued bg tfle lst resp)tl(lent and c.lso in vtotation of Articles 14, 21, 23(1) and 3OOA of Conslttution of lndta and consequentlg direct th.e respondents to pag the sala41 frtr tte peiod the petitioners husbands lnue worked from 1.12.2OO3 to 31 8.IJ00Z the date of uoluntory retirement of tlw petitioners' husband.s w th bank rate of tnterest with all other con-sequential relieJs to the petitrorters .."

3. Heard learned counsel for the respective partit:s and perused the record.

4. It is stated that lst petitioner's husband tatr: Sri K. Veera Bhadra Rao, joined the service in 2"d respondent in March 1982, and 2nd petitioner's husband Iate Sri K. Lalu, joined rhe service in 2dd 2 respondent in March 1980, and after working more than 25 to 30 years of service in different cadres, they were retired under Voluntary Retirement Scheme (VRS) as Field Officers on 31.8.2OO7 as per the VRS package issued by respondent in Rc.No.l7924 /20O4/PSS-4 dated 18.1.2005. As per the VRS guide lines, the cut-off date to exercise the VRS was 3 1.3.2OO4 and on VRS retirement, the respondents shall pay 20 months ex grotia, lO months gratuity and 6 months leave encashment beneflts. The 2"d respondent continued the services of petitioners' husbands after exercise of their VRS option up to 3 1.8.2007. Thereafter, the respondents have not paid the VRS benehts on the ground that a case hled by petitioners' husbands ald others was pending before the Industrial Tribunal-cum-Labour Court, Hyderabad in M.P.No.4 of 2006 and respondent No.2 addressed a letter dated 16.8.2008 to withdraw the said case to pay the 36 months VRS salary, and accordingly petitioners' husbands, along with others hled an application before the court for withdrawal and the court has allowed the petition by its order dated 8.9.20O8. On 19.10.2008, 2"d respondent released the benehts of VRS calculating amounts due as on 31.3.2004 as the cut-off date for calculating the VRS benefits. While calculating the VRS benefrts, respondent No.2 also adjusted the salary advances made to petitioners' husbands from 1. 12.2OO3 to T.a.2OO7 and paid the balance amount towards full and final 3 settlement of VRS benehts as on 31.3.2004, but relused to pay the 46 months salary due to petitioners' husbands. I: is submitted that though the respondents have paid the EPF contribrition to the EpF authorities up to 31.8.2007, but the salary cue to petitioners, husbands is not being paid to the petitioners who arr: the legal heirs. When the said fact was brought to the notice of rer;pondent No.1, the Divisional Cooperative Officer vide his letter dated 22.O9.2002 instructed 2"4 and 3.d respondents to settle the salary and voluntary retirement of excess staff by utilizing Rs.SO lakh; fixed deposits of Andhra Bank, Mahabubabad under the Prime Minister Relief Package of Interest Waiver. The lst respondent vicle lettcrs dated

30. I 1.2OO7 and 13. i2.2007 dirccted 2.d respon,:ient to settle the payment of salaries for the last 46 months, and subsequently 2ncl f I respondent vide ietter dated 16.8.2008 stated thaL 46 months salary due from 1.12.2OO3 to 31.O8.2OO7 will be released cn withdrawing their claim before the Industrial Tribunal-cum Labour Court, Hyderabad, but respondent No.2 has not finalized .and settled the VRS benefits up to the cut-off date 31.O3.2OO4 and not paid the 46 months salary due to the petrtioners, and the co-entployees have also Iiled Writ Petition No.7161 of 2OO9 claiming same rr:lief.

5. In view of the above, these writ petitions are allowed directing the respondents to pay the salaries to the petitioners in IT '1 l I I 1' ,'r' ';: ,i

4.. 4 W.P.Nos. 1353, 7161, 25579 of 2009 for the period they worked in respondent No.2, and to pay the salaries to the petitioners, in W.P.No.8847 of 201O for the period petitioners, husbands worked in respondent No.2. As a sequel, the miscelianeous petitions pending, if any, shall stand closed. No order as to costs. That Rule Nisi has been absolute as above. Witness the Hon'ble the Acting Chief Justice SUJOy pAUL, on this Thursday, the Twenty Fourth day of July, Two Thousand and Twenty five. To //TRUE COPY/i SD/-P. PONNA KRISHNA ASSISTANT REGISTRAR S N OFFICER A.P. Hyderabad. Kuravi, Kuravi lVlandal, Warangal District.

1. The Commissioner for Cooperation and Registrar of, Cooperative Societies, 2. The Managing Director, Andhra Bank Farmers Service Coop. Society Ltd.,, 3. The Branch [\,4anager, Andhra Bank, Irrlahabubad, Warangal District. 4. Two CCs to GP FOR COOPERATION, High Court forthe State of Telangana 5. One CC to SRI S.RAHUL REDDY, Advocate tOpUCl 6. One CC to DR K.LAKSHIVT NARASTMHA, Advocate iOpUCl 7. Two CD Copies at Hyderabad. [OUT] SA GJP ,] HIGH COURT DATED:2410712025 l1!i rl 14 ?- 1!9 \ a i:,1- oa sEPm \. '}- !-,,- \ . i..-,., .-. * 7 \ 'i'. t., r\ a, ,:., li ,, '// COMMON ORDER WP.NOS.1353,7161, 25579 0F 2009 AND 8847 0F 2010 ALLOWING ALL THE WRIT PETITIONS WITHOUT COSTS. (-/H