APHC010440942023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3460]

(Special Original Jurisdiction)

MONDAY, THE EIGHTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22830 OF 2023 Between:

1. MR. SHAIK MASUM BASHA,, S/O. SHAIK MASUM, AGED ABOUT 33 YEARS, OCC- DRIVER-CUM-MESSENGER, DCCB, SPSR NELLORE, R/O. SANKURANTHRIPALLI (V), RAPUR (M), SPSR NELLORE, ANDHRA PRADESH.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND COOPERATIVE DEPARTMENT, SECRETARIAT, AMARAVATHI, ANDHRA PRADESH.

2. THE SPSR NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD, NELLORE, REP. BY ITS CHIEF EXECUTIVE OFFICER, (C.E.O.)., NEAR GANDHI STATUE, GRAND TRUNK ROAD, NELLORE, ANDHRA PRADESH - 524001.

3. THE SPSR NELLORE DISTRICT COOPERATIVE CENTRAL BANK LTD, NELLORE, REP. BY ITS CHAIR-PERSON -PERSON IN- CHARGE COMMITTEE., NEAR GANDHI STATUE, GRAND TRUNK ROAD, NELLORE, ANDHRA PRADESH - 524001.

...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 toFor the reasons stated in the accompanying affidavit, the petitioners herein pray that this Hon'ble Court for issuance of an appropriate Writ, Order, or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 and 3 in not finalizing the recommendations of the Resolution No.46, dated 17.07.2019 passed by the Board of Management of 2nd Respondent or paying minimum of the pay scale corresponding post held by the petitioner, thereby rugularising his services, by exercising the power and autonomy granted under Section 115 (ii) - D of the Andhra Pradesh Cooperative Societies, Act 1964, and further inaction of the 2nd Respondent in considering the oral representations and written representation dated 24.08.2023 made seeking regularising of petitioner services, even after issuing appointment orders vide Procd.No.VI Cat./ESTT/2019-20, dated 30.07.2019, as illegal, arbitrary, unjust and discriminatory and contrary to the principles of natural justice, violative of Fundamental Rights guaranteed under Article 14 of the Constitution of India and contrary to the provisions of the Andhra Pradesh Cooperative Socities, Act 1964 and Rules made therein, and consequently direct the Respondents to regularize petitioner services forthwith by paying all benefits accrued to the post with interest from the date of appointment and pass IA NO: 1 OF 2023 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 pleased to direct to the Respondent No.2 and 3 to pay minimum pay scale to the post of Messenger held by the petitioner, pending disposal of the above Writ Petition and pass Counsel for the Petitioner:

1. SRINIVAS BASAVA Counsel for the Respondent(S): 1. SIVAPRASAD REDDY VENATI

2. GP FOR SERVICES I THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22830 OF 2023 The Court made the following order:

The present writ petition is filed questioning the action of respondent Nos.2 and 3 in not finalizing the recommendations of the Resolution No.46 dated 17.07.2019, passed by the Board of Management of the 2^nd respondent-Bank, whereunder the petitioner sought to be appointed as a Messenger in the 2^nd respondent-Bank.

2. The facts herein are as follows:

The petitioner was initially appointed on an outsourcing basis in the 2^nd respondent-Bank on 20.03.2014 and has been continuing ever since. The petitioner submitted a representation on 16.07.2019 regarding the meagre salary being paid and to consider for appointment as a Messenger in the respondents’ Bank. The Managing Committee of the 2^nd respondent-Bank passed Resolution No.46 on 17.07.2019, approving the appointment of the petitioner as a Messenger. However, the respondents did not issue actual appointment orders