ORDER:

The present Writ Petition is filed by the petitioner having aggrieved by the action of the 5th respondent in passing Resolution dated 02-08-2019 removing him from service on the ground of personal reasons and to declare the same as illegal, arbitrary, without Jurisdiction and contrary to the services regulations of the 5th respondent society and also violative of the Principles of Natural Justice and un-Constitutional.

Heard learned counsel for the petitioner and learned counsel for the official and unofficial respondents.

The case of the petitioner in brief, that he was initially appointed as Clerk in the 5th respondent Primary Agriculture Cooperative Society Limited in the month of March 2015 on daily wage basis, by the 5th respondent society by Resolution No.2 dated 02-03-2015. Later he was appointed on regular salary basis as clerk on 16-06-2015 by Resolution No.1 dated 16-07- 2015. Since then he has been discharging his duties with utmost sincerity and to the satisfaction of his superior officers and respondent organization without any blemish or remarks. He further submits that then regular pay scale was extended by the society in terms of G.O.Ms.No.151 dated 22-06-2009 including provident fund deductions. As per the statement of account of his salary has been paying through the DCC bank, Kurnool, which clearly shows that petitioner is a regular employee of the society.

Learned counsel for the petitioner submits that the petitioner has been discharging his duties with utmost satisfaction of the 5th respondent society from 2015 to 2019 without any break. He further submits that in view of the change of administration after the general elections in the year 2019, the three men committee was appointed by the managing committee to look after the affairs of 5th respondent. After takeover of the management of the society by the three men committee, the 5th respondent represented by the three men committee within a short period passed the impugned resolution on 02.08.2019, terminating the services of the petitioner due to personal scores, for the reasons best known to them.

Learned counsel for the petitioner further contends that since the petitioner is continuing as one of the regular staff of the 5th respondent and his salary was enhanced and his nature of services were also changed by virtue of resolution dated 13.06.2015 under which he was conferred regular salary at rupees 4,500 per month by which he became one of the regular staff member of the 5th respondent society on 16-06-2015.

He further contends that the petitioner completed 5 years of service at

5th respondent society. But the present managing committee nominated by the 1st respondent without observing due process of law and without following the principles of natural justice, got terminated the services of the petitioner which is illegal and arbitrary.

He further contends that the services of the petitioner were regularised by virtue of resolution No.3 dated 16.07.2015 under which he conferred regular pay scale as per the G.O.Ms.No.151 dated 22.06.2009 issued by the first respondent here in. In view of the same the petitioner has entitled to all the benefits as regular employee and he has been continuing as regular employee from 16.07.2015. The learned counsel for the petitioner further submits that as per the Section 51 and Section 59 of the Andhra Pradesh Cooperative Societies Act, 1964, the respondent authority shall not take any action against the staff of the society for their misappropriation or misconduct without conducting any enquiry.

He further contends that the 5th respondent committee does not have any authority for appointment or removal of staff without prior approval of the registrar as per the clause 17 of circular issued by the 2nd respondent dated 30.09.2019. He further contends that in view of the utter violation of the provisions of the Act and rules made there under the impugned resolution dated 02.08.2019 is liable to be set aside. The petitio