APHC010395442005 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-

AT AMARAVATI [3506]

WRIT PETITION NO: 18190 of 2005 D.srinivasulu Reddy, Prakasham District. ...Petitioner Vs.

State Of Ap By Secy To Govt Fp Dept Hyd 3 ...Respondent(s)

Ors and Others **********

Advocate for Petitioner: A V S LAXMI Advocate(s) for Respondent(s): MALLIKHARJUNA RAO PULUGU (SC FOR GIRIJAN COOPERATIVE CORPORATION LTD), P V V SATYANARAYANA (SC FOR GIRIJAN C O), GP FOR SERVICES I , GP FOR SERVICES 1., GP FOR FINANCE & PLANNING CORAM : S RI JUSTICE CHALLA GUNARANJAN DATE : 19th February 2026 The Court made the following order:

The present writ petition is filed seeking the following relief:

“….to issue a writ of mandamus or any other appropriate writ or writs order or direction declaring the proceedings dated 30.07.2005 in Rc.No.164/99 LE/A7 on the file of the 2nd respondent as illegal, arbitrary and without jurisdiction by consequently directing the respondents to forthwith regularise the services of the petitioner with effect from the date of his completing 5 years of service in any suitable post by extending scale of pay and all other attendant benefits award costs and pass such other or further orders as are deemed fit and proper in the circumstances of the case.”

2. (a) The petitioner stated to have appointed as NMR on 27.06.1990 and posted at GPCMS, Chittoor. He possessed degree in Bachelors of Commerce along with Typing; hence, he was assigned with the duties of Typist. Later, he was posted to work at GPCMS, Nellore, with effect from 05.02.1997 and accordingly, has been working at the said station so far. That being so, there was an attempt made to disengage the services of the petitioner, which lead to filing of W.P.No.1869 of 1996, in which this Court has directed the respondents to continue the petitioner and accordingly, he has been continuing thereafter.

(b) Later, the petitioner stated to have made multiple representations seeking for regularization of his service, one such request was made on 04.04.2005. The said request came to be eventually rejected by the 2^nd respondent vide orders dated 30.07.2005. The reasons provided in the said letter were that as the respondent Corporation was already in the process of downsizing the existing staff and started implementing voluntary retirement scheme, further as there was ban in further recruitment, besides the revision of staff pattern in pursuance to G.O.Ms.No.112, dated 08.07.1994, as there were no vacant post to accommodate the writ petitioner, the request was not considered and therefore, his services were directed to be dispensed with effect from 05.08.2005. Assailing the same, the present writ petition is filed.

3. By interim order dated 18.08.2005, this Court has directed the parties to maintain status-quo. In that view of the matter, the petitioner continues to work with the respondents as on today.

5. Heard Sri K.R.S. Prakash Rao, learned counsel representing Ms. A.V.S. Laxmi, learned counsel for the petitioner, Sri P. Mallikarjuna Rao, learned Standing Counsel for the respondent Corporation and learned Assistant Government Pleader for Services-I.

6. (a) Learned counsel for the petitioner has taken this Court to the additional material documents, which are placed on record on 26.03.2025. In the proceedings dated 07.11.2019, issued by the Divisional Manager, Tirupati, addressed to Vice Chairman and Managing Director of the 1^st respondent Corporation, it was specifically mentioned that the petitioner was discharging duties as Accountant for recording the entries in cash book, preparation of R & C, maintaining sales men liabilities, RMD sales, maintaining sundry debtor accounts etc. Further, the Manager (FAC, Nellore) issued performance report dated 07.06.2023 showing that the petitioner has been working with corporation since 27.06.1990, for almost 33 years, and that he was assigned with the duties of Office Accounts etc., which were essentially to be carried down by Junior Assistant to Senior As