✦ Andhra Pradesh High Court · 04 Nov 2004

A.P. Prasad, S/0 A. Venkateswarlu, 36 years, Junior Accountant, 0/o the Andhra v. The Managing Director, Andhra Pradesh Viaklangula Co-operative

C V RAMULU29 min read

Case at a glance

Outcome

Dismissed

Accordingly, the writ petitions are dismissed

Judgment

1.

The Managing Director, Andhra Pradesh Viaklangula Co-operative Corporation, Hyderabad.

2.

The Project Officer, Training cum production center for physically handicapped, Vijayawada. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to call for records pertaining to the letter RC No. E/C-36/VJW/95/D-200, dated 26.4.1995, issued by R.1 herein and consequential proceedings contained in No. C/E-9/90/D-49, dated 9.8.1995, issued by Respondent No. 2 herein and set aside them as illegal, arbitrary, irrational, discriminatory, illogical, without jurisdiction and violative of Art. 14,16 and 21 of the Constitution of India, and consequentially hold that the petitioner herein is entitled to be continued as Jr. Accountant in the Respondent Corporation in the pay scale of 2075-4270 with all consequential benefits, by the issuance of writ, order or direction essentially in the nature of writ of mandamus, and pas such other or further orders. Counsel for the Petitioner: MR.J.SUDHEER Counsel for the Respondents: MR.K.RAMANUJACHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 21858 of 1995 Between:

1. K. Satish Kumar, S/0 K. B. Purnachandra Rao, 35 years, Incharge Project Officer, Training cum production centre, APVCC, Vijayawada, Krishna District.

2. R. Suryanarayana Raju, S/0 Vijaya Rama Raju, 34 years, Incharge Project Offier, TCPC, APVCC, Kakinada, E G Dt. ..... PETITIONERS AND A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Venkataramana Apartments, A.C. Guards, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the respondent to regularize the services of the petitioners in the post of project officers from the dates of their joining duty as incharge project officers i.e. 1.10.1989 and 18.6.1990 respectively and grant the pay scales in the time scale of Rs.1980-80-2780-90-3500 with all other attendant benefits including arrears with effect from the above dates and pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.V.SUDHAKAR REDDY Counsel for the Respondent: MR.G.SHANKAR The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 23342 of 1995 Between: V.A. Narasimham, S/0 V. V. Jogarao, 43 years, Project officer, T C P C A.P. Vikalangula Cooperative Corporation, Gajapathinagaram, Vijayanagaram District. ..... PETITIONER AND A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Venkataramana Apartments, A.C. Guards, Hyderabad. .....RESPONDENT

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus directing the respondent to grant the time scale of pay of LRs.2240-90- 2960-100-3860 ( PRC 1986) to the petitioner from 21.11.1990 i.e. the date from which the above said scale is granted by the respondent in his proceedings No. High court/6906 of 94/95-96/D-522 dated 30-8-1995 to the persons working in the lower cadre by three stages and who are juniors to the petitioner and to promote the petitioner to the post of programme Director and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.V.SUDHAKAR REDDY Counsel for the Respondent No.: MR.G.SHANKAR The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 12569 of 1997 Between: K. Satish Kumar, S/0 K. B. Poornachandra Rao, 36 years, project officer, T. C. P. C. for P. H. C., A. P. V. C. C. Vijayawada. ..... PETITIONER AND

1. The Managing Director, A.P. Vikalangula Cooperative Corporation, B. R. K. R. Bhavan, Tank bund road, Hyderabad.

3.

The Joint Collector/Ex-Officio Executive Director, A.P.V C.C. Vijayawada. Mr. B. Swamy, 0/o The Managing Director, AP.V.C.C. B.R.K.R. Bhavan, Tank Bund Road, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the order of the Managing Director, A.P. Vikalangula Cooperative Corporation, the 1st respondent herein issued in Proc. No. MD(P)/97/D- 186 dated 9-5-1997 reverting the petitioner to the post of Production Manager, as illegal, arbitrary, malfidie and violative of principles of natural justice and Art. 14 & 16 of the Constitution of Indiaand set aside the same and pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondent No.1: MR.K.RAMANUJA CHARI Counsel for Respondents 2 & 3: Mr. G.Shanker The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 20750 of 1997 Between: S. Sridhar, S/0 Subrahmanyam Reddy, 33 years, working as night watch man, Office of the District Manager, Andhra Pradesh Vikalangula Cooperative Corporation, Chittor. ..... PETITIONER AND

2. The Managing Director, Andhra Pradesh Vikalangula Cooperative Corporation B.R.K.R. Building, Near Secretariat, Hyderabad. The District Manager/Assistant Director, Andhra Pradesh Vikalangula Cooperative Corporation , Opposite to Anand Theatre, Chittor. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction particularly in the nature of a writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioner as night whatchman as arbitrary, illegal and violative of Art. 14 of the Constitution of India and to issue a consequential direction to the respondents to regularize the services of the petitioners as night watchman W.E.F. 1.9.1992 with all consequential benefits forthwith and to pass such other order or orders deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.SUBBA RAO KORRAPATI Counsel for the Respondents: MR.K.RAMANUJA CHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 6721 of 1999 Between: R. Srinivasarao, S/ Radhakrishna Murthy, 32 yeas, Production Manager, R/0 Vijayawada, Krishna District. ..... PETITIONER AND

1. The Joint Collector / Ex. Officio Executive Director, A.P. Vikalangula Cooperative Corporation, Kirshna District, Machilipatnam.

2. The Managing Director, A.P. Vikalangula Cooperative Corporation, BRKR Bhavan, Hyderabad,

3. Assistant Director / District Manager, AP Vikalangula Cooperative Corporation, Krishna District, Machilipatnam,

4.

K. Rudrayya, S/0 not known, 40 years, counseling rehabilitation and marking officer, project officer at FAC 0/o District Manager, APVCC Krishna District, Machilipatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in issuing the impugned order in RLC No. B/278/91, dated 3.3.1999 by which the 4th respondent is kept in full additional charge of TCPC Vijayawada as illegal, arbitrary and set aside the same and to pass such other or further orders as this Hon’ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:SMT.A.CHAYA DEVI Counsel for the Respondents: . Mr. K.RAMANUJA CHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 6985 of 1999 Between: Ch. Vijayalakshimi, W/0 Chandamouleswara Rao, 43 years, Speech Teacher, resident of 234 Suraram colony, Mastana building, Jeedimetla, Hyderabad. ..... PETITIONER AND

1. Andhra Pradesh Vikalangula Cooperative Corporation, rep. By its Managing Direction, BRKR Bhavan, Tank Bund Road, Hyderabad.

2. Project Officer, Andhra Pradesh Vikalangula Cooperative Corporation, training cum Production Centre, Koti, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of mandamus or any other appropriate writ order or direction declaring non consideration of petitioner’s representation dated 15.3.1999 to adjust the salary towards retrenchment compensation and not allowing the petitioner to continue in service, as arbitrary, capracious and violative of all cannons of justice and fairplay and pass such other orders as the Hon’ble court deem think it necessary in the circumstances of the case. Counsel for the Petitioner:MR.SAI GANGADHAR CHAMARTY Counsel for the Respondents Mr. Ramanujachary The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18462 of 2000 Between: N. Mohanarao, S/ Janardhana, 32 years, working as skilled painter at training cum production center, Andhra Pradesh Vikalangula Cooperative Corporation, Bakkanna palem, Visakhapatnam. ..... PETITIONER AND

1. The Government of A.P. rep. By its Secretary to Government, women’s Development and Child Welfare (WH.D) Department, Secretariat, Hyderabad.

2. The A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Ground Floor, BRKR buildings, near Tank Bund, Hyderabad.

3. The Project Officer, Training cum production center, A.P. Vikalangula Cooperative Corporation, Bikkannapalem, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ, Order or direction more particularly in the nature of writ of mandamus declaring the action of the 2nd respondent in not fixing the pay scale of the petitioner as Rs.1010-1800 on par with other Helpers (Technical), as arbitrary, illegal, in violation of Art. 14 of the constitution of India, and to issue a consequential direction to the respondents to fix the pay of the petitioner as Rs.1010-1800/- with effect from the date of appointment and pay the arrears of salary with all consequential benefits forthwith and to pass such other order orders which are deemed fitand proper in the circumstances of the case. Counsel for the Petitioner:MR.SUBBA RAO KORRAPATI Counsel for the Respondent No.1: G.P.for Women Development & Child Welfare Counsel for the Respondent Nos.2&3: MR.K.RAMANUJA CHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18578 of 2000 Between: P. Srinivasarao, S/0 P. Govind, 29 years, Non-Technical helper, T C P C, APVCC, Bakkannapalem, Visakhapatnam. ..... PETITIONER AND

1. The Managing Director, APVCC Ground Floor, BRKR Buildings, Tankbund road, Hyderabad.

2. The Project officer, TCPC training cum production centre, APVCC Bakkannapalem, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction or writ more particularly on in the nature of writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioner as Non-Technical helper with effect from 12.4.1992 on par with K. tamminaidu ( petitioner) in WP No. 1406/93 and not granting the scale of pay Rs. 1010-1800 as illegal, arbitrary, and violative of Articles 14, 16 and 39 (d) of the Constitution of India, and consequentially direct the respondents to regularize the service of the petitioner w.e.f. 12.4.1992 on par with K. Tamminaidu and grant the scale of Rs.1010-1800 with all consequential benefits and pass such other order or orders in the interests of justice. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondents: MR.K.RAMANUJA CHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18890 of 2000 Between: B. Apanna Trimurthy, S/0 B. Ganapathi Naidu, 38 yers, Fitter Skilled, Training cum production centre, (Women)APVCC Etcherla, Srikakulam District. ..... PETITIONER AND

1. A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Ground floor, BRKR Buildings, Tankbund road, Hyderabad.

2. Project officer, Training cum production centre ( women) A.P. Vikalangula Cooperative corporation, Etcherla, Srikakulam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not fixing the pay scales of the petitioner in the scale of pay of Rs. 1010-35-1360-40-1800 ( revised pay scales 1986) as was granted to the Technical Helpers working in the respondent corporation and not regularizing his services from the date of his initial appointment as fitter-skilled, as was done in the case of Mr, K. Thammi Nadiu (petitioner in W.P. No. 1406/93) as illegal, arbitrary, discriminatory, and violative of Art. 14, 16 and 39(d) of the Constitution of India and consequently direct the respondents to fix the pay of the petitioner in the scale of pay of Rs.1010-1800 from the date of his initial appointment with all consequential benefits and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondents: MR.K.RAMANACHARY The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18963 of 2000 Between:

2. A. narasinga Rao, S/ Narasimha Rao, 37 years, Attender, K. Subbarao, S/ Sanyasi Rao, 44 years, Junior Assistant, (Petitioners 1 and 2 are working in A. L. M. U RCD Hospital premises, APVCC, Peda Waltair)

7.

P. Govind, S /0 Subrahmanyam, , 34 years, attender, K. Srinivasarao, S/0 Sanyasirao, 29 years, Driver, Smt. S. Venkayamm,a W/0 late Somulu, 45 years, Cook, P. Rama Rao Son of late Suryanarayana, 42 years, Instructor(Sheet metal) P Krishna Murthy S/0 Pullaiah, 35 years, Instructor ( Social studies) (Petitioners 3 to 7 are working in training cum production centre, APVCC Bakkannapalem, Visakhapatnam) ..... PETITIONERS AND

1. A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Ground floor, BRKR buildings, Tankbund road, Hyderabad.

2. Project Officer, Training cum Production Centre, A.P. Vikalangula Cooperative Corporation, Bakkannapalem, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioners in their respective posts from the date of their initial appointment on par with Mr. K. Thamminaidu, Junior Assistant, as illegal, arbitrary, violative of Articles 14, 16 of the Constitution of India and consequently direct the respondents to regularize the services of the petitioners from the date of their initial appointment as was done in the case of K. Thammi Naidu ( petitioner in W.P. No. 1406/93) and pay all consequential benefits, and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner: MR.V.SUDHAKAR REDDY Counsel for the Respondents: MR.K.RAMANUJA CHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 18982 of 2000 Between:

2. V. V. Satyanarayana Murthy S/0 Kalidas, 30 years, T. Rajulu, S/0 Guruvulu, 38 years, ( Petitioners 1 and 2 are working as on-Technical Helpers in A.L.M.U. Visakhapatnam)

4. T. Appala Naidu, S/0 suri, 32 years, A. Balaseshu Kumar, S/0 Ramalingeswara Swamy, 33 years, (petitioners 3 & 4 are working as Non-Technical helpers in TCPC Bakkannapalem, Visakhapatnam)

5.

P. Raju Babu, S/ Chinna Yellaiah, 29 years, working as Non-Technical Helper in TCPS (women), Etcherla, Srikakulam District. ..... PETITIONERS AND

1. A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Ground Floor, BRKR buildings, Tank bund road, Hyderabad.

3. The project officer, TCPC Bakkannapalem, Visakhapatnam, The project Officer, TCPC, Etcherla, Srikakulam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order r direction more in the nature of writ of mandamus declaring the action of the respondents in not redesignating the petitioners as Helpers(Technical) and not fixing their pay in the scale of Rs.1010-1800 as illegal, arbitrary, discriminatory and violative of Art. 14, 16, and 39(d) of the constitution of India and consequentially direct the respondents herein to re designate the petitioners as Helpers(Technical) and fix their pay scales in the pay scale of Rs.1010-1800 as applicable to the said post and also grant the pay scales from the date of their initial appointment as was done in the case of Sri k. Tammi naidu, petitioner in WP No. 1406 of 1993 and pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondents: MR.K.RAMANUJA CHARI IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 19234 of 2000 Between: Y. Srirama Chandra Murthy, S/0 Viswanadham, 32 years, Junior Assistant, TCPC ,m AP Vikalangula Cooperative Corporation, Sambamurthy nagar, Kakinada. ..... PETITIONER AND

1. The Managing Director, A.P. Vikalangula Cooperative Corporation, Ground Floor, BRKR buildings, Tankbund road, Hyderabad.

2. The Project Officer, Training cum Production centre, AP Vikalangula Cooperative Corporation, Sambamurthy nagar, Kakinada. Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction writ more particularly one in the nature of writ of mandamus declaring the action of the respondents in not regularizing the services of the .....RESPONDENTS petitioner from the date of his initial appointment i.e. 1.5.1988 as Junior Assistant, and not granting the pay scales from that date while regularizing the services of his junior namely K. Tlamminaidu, Junior Assistant, from the date of his initial appointment and paying him more salary, as illegal, arbitrary, discriminatory and violative of Art. 14, 16 and 39(d) of the Constitution of India, and consequently direct the respondents to regularize the services of the petitioner from the date of his initial appointment on par with K. Tamminaidu and fix his pay from that date with all consequential benefits and pass such other order or orders in the interests of justice. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondents: MR.K.RAMANACHARY The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 19339 of 2000 Between:

4. G. Babu Rao, S/o Bapi raju, 46 years, Compositor, K. V V Subrahmanyam, Son of Venkanna, 41 years, Technical Helper, P. Koteswararao, son of Venkateswarlu, 43 years, Technical Helper, V. Gopalarao, Son of Yella rao, 31 years, Watchman/attender. All are working in APVCC., TCPC, Kakinada. ..... PETITIONERS AND

1. The A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Ground floor, BRKR buildings, tank bund road, Hyderabad.

2. The project Officer, Training cum Production Centre, AP Vikalangula Cooperative Corporation, Sambamurthy Nagar, Kakinada .....RESPONDENTS. Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more in the nature of writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioners in their respective posts from the dates of their initial appointment on par with Sri K. Tamminaidu ( writ petitioner in W.P. 1406/93) as illegal, arbitrary, discriminatory and violative of Art. 14 and 16 of the Constitution of India and consequently direct the respondents to regularize the services of the petitioners from the date of their initial appointment as was done in the case of Sri K Tamminaidu by granting the pay scales will all consequential benefits from the said dates and pass such other order or orders as this hon’ble court deem fit and proper. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondents : MR.K.RAMANUJA CHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 19356 of 2000 Between:

3. P. Prasada rao Son of Tatabbai, 42 years, Tehnical Helper, V. Veerabhadra Rao Son of lApa Rao, 35 years, Tehnical Helper, P. Srinivasu, Son of Lacha Rao 30 years, Mechine operator, All are working in A.P. Vikalangula Cooperative Corporation TCPC, Kakinada. ..... PETITIONERS AND

1. The A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Ground floor, BRKR buildings, tank bund road, Hyderabad.

2. The project Officer, Training cum Production Centre, AP Vikalangula Cooperative Corporation, Sambamurthy Nagar, Kakinada .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more in the nature of writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioners in their respective posts with effect from 1.1.1992 on part with K. Tamminaidu and not granting the scale of pay of LRs.1010-1800 as illegal, arbitrary, discriminatory and violative of Art. 14, 16 and 39(b) of the Constitution of India and consequently direct the respondents to regularize the services of the petitioners with effect from 1.1.1992 on par with K. Tamminaidu and grant the scale of pay of Rs.1010-1800 with all consequential benefits and pass such other order or orders as this Hon’ble court deem fit and proper. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondents: MR.K.RAMANUJA CHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 19859 of 2000 Between:

2. T. Hanumantha Rao Son of Mukunda Rao 32 years, Typist, Ch. Venkata Durga Prasad, son of Chandra Mouleswara Rao, 39 years, Junior Assistant. Both are working in the office of the District Manager, A.p. Vikalangula Cooperative Corporation, Eluru, West Godavari District. ..... PETITIONERS AND

1. The A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Ground floor, BRKR buildings, tank bund road, Hyderabad.

2. The Assistant Director ( D.W)/ District Manager, A.P. Vikalangula Cooperative Corporation, Eluru, West Godavari Distirct.

3. The Joint Collector/Executive Director, A.P. Vikalangula Co-operative Corporation, Eluru, West Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction or writ more particularly one in the nature of writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioners from the dates of their initial appointment as Typist and Junior Assistant respectively and not granting the pay scales while regularizing the service of Mr. K. Tammi Nadu, Junior Assistant from the date of his initial appointment as illegal, arbitrary, discriminatory and violative of Art. 14, 16 and 39(d) of the Constitution of India and consequently direct the respondents to regularize the services of the petitioners from the dates of their initial appointment and grant their pay scales on par with Tammi Naidu with all consequential benefits and pass such other order or orders, in the interests of justice. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondents: MR.K.RAMANUJA CHARI The Court made the following : . IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 20153 of 2000 Between: K. Suryanarayana, Son of K. Lakshminarayana, 52 yers, Non-Technical Helper, Hearing Aid Centre, A P VCC , Visakhapatnam. ..... PETITIONER AND

1. A.P. Vikalangula Cooperative Corporation, Rep. By its Managing Director, BRKR Bhavan, Tankbund Road, Hyderabad.

2. The Project Officer, Training cum Production Centre, Bakkannapalem, Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction, or writ more particularly one in the nature of writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioner from the date of his initial appointment i.e. 30-5-1989 on part with Sri K. Tammi Naidu, and not granting the pay scales from that date as illegal, arbitrary and discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to regularize the services of the petitioner w.e.f. 30-5-1989 and grant the pay scales from the date with all consequential benefits and pass such other order or further orders in the interests of justice. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondents: MR.K.RAMANUJA CHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 20389 of 2000 Between:

2. K. V. V. Subrahmanyam Son of Venkanna, 40 years, P. Koteswararao, son of Venkateswarlu, 43 years, (Both the petitioners are working as Helpers ( Technical ) in Training cum Production Centre, APVCC, Sambamurthy Nagar, Kakinada) ..... PETITIONERS AND

1. The A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Ground floor, BRKR buildings, tank bund road, Hyderabad.

2. The project Officer, Training cum Production Centre, AP Vikalangula Cooperative Corporation, Sambamurthy Nagar, Kakinada .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction, or writ more particularly one in the nature of writ of mandamus declaring the order of the 1st respondent vide his proceedings No. 13954/96/99/HC/D-3442 dated 23.12.1999 as illegal, arbitrary, discriminatory and violative of Art. 14 16 and 39(d) of the Constitution of India and set aside the same and consequently direct the respondents to fix the pay of the petitioners in the scale of pay of Rs.1010-1800 with all consequential benefits and pass such other order or orders as may be deemed fit and proper in the interests of justice. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondents: ADVOCATE GENERAL The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 22235 of 2000 Between:

2. Smt. B. Ankalamma Wife of Obulesu, 44 years, Scavenger P. Lvenkataramudu, Son of P. Lthimmapa, 39 years, Waterman,

3. G. Venkataramana, son of Yellapa, 47 years, All are working in Training cum production centre, A.P. Vikalangula Cooperative Corporation, Ananthapur. ..... PETITIONERS AND

1. The A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Ground floor, BRKR buildings, tank bund road, Hyderabad.

2. Project Officer, Training cum production Centre, A.P. Vikalangula Cooperative Corporation, Industrial Estate, Bellary road, Ananthapur-4. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction, or writ more particularly one in the nature of writ of mandamus declaring the action of the respondents in not regularizing the services of the petitioners in their respective posts from the date of their initial appointments and not granting the pay scales from the said dates on par with Thammi Naidu (petitioner in W.P. no. 1406 of 1993) as illegal, arbitrary and discriminatory and violative of Articles 14 and 16 of the Constitution of India and consequently direct the respondents to regularize the services of the petitioners from the dates of their initial appointments on par with Mr. K. Thammi Naidu and fix their pay from the said dates with all consequential benefits and pass such other order or further orders in the interests of justice. Counsel for the Petitioner:MR.V.SUDHAKAR REDDY Counsel for the Respondents: MR.K.RAMANUJA CHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 24078 of 2000 Between:

1. M. Prasadarao, Son of Venkateswararao, 46 years, Helper ( NT) TCPC Tarnaka Hyderabad.

2. Smt Ch. Eswaramma, Wife of Sri Prasadarao, 44 years, Helper ( Sweeper) Office of the TCPC Tarnaka, Hyderabad. ..... PETITIONERS AND

1. The A.P. Vikalangula Cooperative Corporation, rep. By its Managing Director, Ground floor, BRKR buildings, tank bund road, Hyderabad.

2. The Project Officer, Training cum Production centre, APVCC, IDL Unit, Tarnaka, Hyderabad. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an order, direction, or writ more particularly one in the nature of writ of mandamus declaring the impugned action of the respondents in not regularizing the services of the petitioners from the date of their initial appointments in their respective posts and not granting the pay scales from those dates while regularizing the services of Mr, K. Thammi Naidu, Junior Assistant from the date of his initial appointment as illegal, arbitrary and discriminatory and violative of all cannons of justice and consequently direct the respondents to regularize the services of the petitioners from the dates of their initial appointments with all attended benefits thereof and pass such other order or further orders as may deem fit and proper in the interests of justice. Counsel for the Petitioner:MR.SAI GANGADHAR CHAMARTY Counsel for the Respondents: MR.K.RAMANUJA CHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 4510 of 2001 Between:

2. Mohd. Ahsanulla Khan, Son of Hafeezulla Khan, 32 years, working as helper, Brailee Press, Malak pet, Andhra Pradesh Vikalangula Cooperative Corporation, Hyderabad. G. Veeranna, son of Ramaiah, 37 years, Helper ( Non Technical) TCPC, Tarnaka, Andhra Pradesh Vikalangula Cooperative corporation, Hyderabad.

3. G. Manappa, son of Lakshmappa, 35 years, Helper, Semi skilled, ENT Hospital, Koti, Andhra Pradesh Vikalangula Cooperative Corporation, Hyderabad.

4. Ch. N. V. Subbarao, Son of Mavillu, 35 years, working as Helper, Semi Skilled, TCPC, Tarnaka, Andhra Pradesh Vikalangula Cooperative Corporation, Hyderabad. ..... PETITIONERS. AND

1. The Government of Andhra Pradesh, rep. By its Secretary to Government, Women’s Development and child Welfar ( WHD) Department, Secretariat, Hyderabad.

2. The Andhra Pradesh Vikalangula Cooperative Corporation rep. By its Managing Director, Ground floor, BRKR buildings, near Tank bund, Hyderabad. .....RESPONDENTS. Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the respondents in not fixing the pay scale of the petitioners on par with other employees, by designating them as helpers ( Technical ) as arbitrary, illegal and in violation of Article 14 of the Constitution of India and to issue a consequential direction to the respondents to fix the pay of the petitioners on par with other employees by designating them as Helpers ( Technical ) with all consequential benefits and to pass such other order or orders which are deemed fit and proper in the circumstances of the case.

Counsel for the Petitioner:MR.SUBBA RAO KORRAPATI Counsel for the Respondents: MR.K.RAMANUJA CHARI The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 5810 of 2002 Between: Smt. S. Prameela, wife of M. lv. Lsudhakar, 46 years, Typist, 0/o A.P. Vikalangula Cooperative Corporation, BRKR buildings, Tankbundm Hyderabad. ..... PETITIONER AND The Managing Director, A.P. Vikalangula Cooperative Corporation, BRKR buidings, Tank bund, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of writ of mandamus 1) declaring the action of the respondent authorities in not paying the scale to the petitioner from the date of the appointment dated 23.12.1988 consequently increments and revision as arbitrary, illegal, violative of Articles 14, 16, 21 and 300A of the Constitution of India; ii) direct the respondent authorities to pay the petitioner the arrears of pay by fixing the petitioner in the pay scale from 23.12.1988 with consequential increments and pay revision; and be pleased to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.

Counsel for the Petitioner:MR.A.SUDERSHAN REDDY Counsel for the Respondent : Mr. K.RAMANUJA CHARY The Court made the following : THE HONOURABLE SRI JUSTICE C.V. RAMULU W.P.Nos.19659,21858 & 23342 of 1995, 12569 & 20750 of 1997, 6721 & 6985 of 1999, 18462,18578,18890,18963,18982,19234,19339,19356,19859,20153, 20389,22235 & 24078 of 2000, 4510 of 2001 and 5810 of 2002 COMMON ORDER: In these writ petitions, the petitioners are seeking fixation of pay scales, regularization of services, payment of subsistence allowance, compassionate appointment etc., and also challenging the orders of retrenchment etc. passed by the Andhra Pradesh Vikalangula Cooperative Corporation. Similar writ petitions were dismissed by this Court by a common Judgment dated 29-10-2004 in W.P.No.21643 of 2000 and batch. Following the same, these writ petitions are liable to be dismissed as not maintainable, since they seek judicial review of the service conditions, which are in the realm of pure contract made under bye-laws, which have no statutory force or flavour.

Operative part

Further, petitioners have effective and efficacious alternative remedy by way of approaching the authorities under the Cooperative Societies Act to work out their remedies. Accordingly, the writ petitions are dismissed. The petitioners are at liberty to approach the authorities under the A.P. Cooperative Societies Act for redressal of their grievances, if they are so advised. There shall be no order as to costs. Prk To

1. November 04, 2004 ASSISTANT REGISTRAR /True copy/ SECTION OFFICER. The Managing Director, Andhra Pradesh Viaklangula Co-operative Corporation, Ground Floor, BRKR Buildings, Tankbund Road, Hyderabad.

2. The Project Officer, Training cum Production center for physically handicapped, Andhra Pradesh Viaklangula Co-operative Corporation, Bakkannapalem, Visakhapatnam.

3. The Project Officer, Training-cum-Production Centre, Etcherla, Srikakulam district.

4. The Project Officer, Training-cum-Production Centre (women), Andhra Pradesh Viaklangula Co-operative Corporation, Etcherla, Srikakulam district.

5. The Secretary to Govt.of A.P., Women’s Development and Child Welfare (WHD) Department, Secretariat, Hyderabad.

6.

The Project Officer, Training-cum-Production Centre, Andhra Pradesh Viaklangula Co-operative Corporation, Koti, Hyderabad.

7. The Joint Collector/Ex.Officio Executive Director, Andhra Pradesh Viaklangula Co-operative Corporation, Krishna district at Machilipatnam.

8.

The Assistant Director/District Manager, Andhra Pradesh Viaklangula Co- operative Corporation, Krishna district at Machilipatnam.

9.

K. Rudrayya, Counseling rehabilitation and Marketing Officer, Project Officer at FAC, Office of the District Manager, APVCC Krishna District, Machilipatnam.

10.

The District Manager/Assistant Director, A.P.Vikalnguala Cooperative Corporation, Opp: Anand Theatre, Chittoor.

11.

The Joint Collector/Ex-Officio Executive Director, APVCC, Vijayawada.

12.

The Managing Director, Andhra Pradesh Viaklangula Co-operative Corporation, Venkataramana Apartments, AC Guards, Hyderabad.

13.

The Project Officer, Training cum Production center for physically handicapped, Andhra Pradesh Viaklangula Co-operative Corporation, Vijayawada.

14.

The Project Officer, Training cum Production center for physically handicapped, Andhra Pradesh Viaklangula Co-operative Corporation, Kakinada.

15.

The Assistant Director (D.W.), District Manager, A.P. Vikalangula Cooperative Corporation, Eluru, W.G.District.

16.

The Joint Collector/Ex-Officio Executive Director, APVCC, Eluru, W.G.District.

17.

The Project Officer, Training cum Production center for physically handicapped, Andhra Pradesh Viaklangula Co-operative Corporation, Industrial Estate, Bellary Road, Ananthapur.

18.

The Project Officer, Training cum Production center, Andhra Pradesh Viaklangula Co-operative Corporation, IDL Unit, Tarnaka, Hyderabad.

19.

2 CD copies

20.

One spare copy.

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: Accordingly, the writ petitions are dismissed

Which statutory provisions did this judgment involve?

Constitution of India — arts. 14, 16, 21, 39(b), 39(d), 226, 300A; Code of Civil Procedure, 1908; Cooperative Societies Act; A.P. Cooperative Societies Act.

Which court decided this case, and when?

Andhra Pradesh High Court, on 04 Nov 2004. The bench was C V RAMULU.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Andhra Pradesh High Court or eCourts case status. ← Search more judgments