APHC011031902017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3504]

(Special Original Jurisdiction)

FRIDAY, THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 44756/2017 Between:

1. M . VENKATA RAMANA,, S/O SIMHACHALAM, AGED.63 YEARS, OCC.STAFF ASSISTNAT (RETD.), DISTRICT COOPERATIVE CENTRAL BANK LIMITED, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

2. V . NAGESWARA RAO,, AGED 64 YEARS, OCC.STAFF ASSISTANT (RETD.), DISTRICT COOPERATIVE CENTRAL BANK LIMITED VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

3. A . SREERAMULU,, AGED. 62 YEARS, OCC. STAFF ASSISTNAT (RETD.), DISTRICT COOPERATIVE CENTRAL BANK LIMITED, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

4. R . VEERA SWAMY,, AGED. 64 YEARS, OCC. ASSISTANT MANAGER (RETD.), DISTRICT COOPERATIVE CENTRAL BANK LIMITED, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

5. S . NAGESWARA RAO,, AGED.63 YEARS, OCC. ASSISTANT MANAGER (RETD.), DISTRICT COOPERATIVE CENTRAL BANK LIMITED, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT.

...PETITIONER(S)

AND

1. P RL SECY COOPERATIVE DEPT, THE STATE OF ANDHRA PRADESH.

REPRESENTED BY ITS PRINCIPAL SECRETARY, COOPERATIVE DEPARTMENT, A.P. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT.

2. T HE COMMISSIONER, FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES GOVERNMENT OF ANDHRA PRADESH, OLD MIRCH YARD, BESIDE RYTH BAZAR, CHUTUGUNTA, GUNTUR DISTRICT.

3. N ATIONAL BANK FOR AGRL AND RURAL DELNABARD, REGIONAL OFFICE AT 1-1-61, RTC X ROADS, MUSHEERABAD, HYDERABAD REPRESENTED BY ITS CHIEF GENERAL MANAGER

4. T HE DISTRICT COOPERATIVE CENTRAL BANK LTD, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER.

5. T HE MADUGULA PRIMARY AGRICULTURE COOPERATIVE SOCIETY LTD, MADUGULA VILLAGE, MADUGULA. MANDAL, VISAKHAPATNAM DISTRICT REPRESENTED BY ITS PRESIDENT.

6. T HE PENUGOLLU PRIMARY AGRL CO SOCIETY LTD, PENUGOLLU VILLAGE, S. RAYAVARAM MANDAL, VISAKHAPATNAM DISTRICT.

REPRESENTED BY ITS PRESIDENT.

7. P K GUDEM PRIMARY AGRL CO SOCIETY LTD, P. K. GUDEM VILLAGE, KOTAURATLA MANDAL, VISAKHAPATNAM DISTRICT, REPRESENTED BY ITS PRESIDENT.

8. G ODICHERLA PRIMARY AGRL CO SOCIETY LTD, GODICHDERLA VILLAGE, PAYAKARAOPETA MANDAL, VISAKHAPATNAM DISTRICT, REPRESENTED BY ITS PRESIDENT.

9. C HINAPACHILA PRIMARY AGRL CO SOCIETY LTD, CHINAPACHILA VILLAGE, RAVIKAMATHAM MANDAL, VISAKHAPATNAM DISTRICT, REPRESENTED BY ITS PRESIDENT.

...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 toto issue an appropriate Writ, Order or Direction more particularly one in the nature of writ of mandamus to declare the action of the respondents more particularly the 5th to 9th respondents in not paying the Gratuity and Leave Encashment to the petitioners in-spite of the Reminder dated 03-06-2014 and letter of Communication dated 01-10-2014 of the 4th respondent Bank and to declare the same as illegal, arbitrary and unconstitutional and contrary to the Provisions of the A.P. Cooperative Societies Act and Rules made there under and consequential direct the 3th to 9th respondents to pay the Gratuity and Leave Encashment as per the Reminder dated 03-06-2014 and letter of Communication dated 01-10-2014 of the 4th respondent Bank along with interest Counsel for the Petitioner(S):

1. L V S NAGARAJU Counsel for the Respondent(S):

1. GP FOR COOPERATION (AP)

2. V UMA DEVI The court made the following ORDER:-

The instant writ petition under Article 226 of Constitution of India is filed, seeking the following main prayer:-

“……to declare the action of the respondents more particularly the 5th to 9th respondents in not paying the Gratuity and Leave Encashment to the petitioners in-spite of the Reminder dated 03-06-2014 and letter of Communication dated 01-10-2014 of the 4th respondent Bank and to declare the same as illegal, arbitrary and unconstitutional and contrary to the Provisions of the A.P. Cooperative Societies Act and Rules made there