HON’BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITIONS No. 19427 OF 2008 AND 28188 OF 2011 AND CONTEMPT APPLICATION No. 1 OF 2013 IN CONTEMPT CASE No. 940 OF 2012

COMMON ORDER:

Petitioner claims to have joined as paid Secretary in the 2nd respondent – Society on 20-01-1978 on being appointed under Section 116-AA of the AP Cooperative Societies Act ,1964 (for short, the 'Act'). While so, through order dated 28-04-2003, he was suspended from service; immediately after receiving the order on 12-05-2003, petitioner had been representing to the Society to reinstate him or at least sanction subsistence allowance as per Rules from 12.05.2003 onwards, but the President of the Society had given a deaf ear.

1.1. It is stated, petitioner therefore, got issued a legal notice to the President of the Society under copy to the 1^st respondent which was acknowledged on 30.1.2008. Again, through letter dated 19-02-1998, along with copy of letter dated 30-09-1996, he requested the 1st respondent to issue suitable directions to the President of the Society, followed by the reminder Notice dated 19.02.2008 to the 2^nd respondent. Vide letter dated 04-03-2008, the 1^st respondent informed that according to Rules ultimate decision vests with the management of the Society to do the needful in the matter. As there has been no response from the 2^nd respondent, through letter dated 30-06-2008, petitioner requested to reinstate him into service besides paying all the arrears of pay and subsistence allowance due to him as per law. Having no other go, petitioner filed this Writ Petition.

2. While admitting the Writ Petition, on 08.09.2008, this Court granted interim direction to the 2^nd respondent to pay subsistence allowance to petitioner, if he is under suspension as of then, every month until further orders. The 2^nd respondent had taken out W.V.M.P.No. 3917 of 2008 seeking to vacate the above said order. However, this Court by order dated 01.07.2010 dismissed the said Application making the interim order absolute. While doing so, this Court observed that ‘Since the learned counsel for the vacate stay petitioner is unable to make any submission with regard to the stage of the disciplinary proceedings, I consider it appropriate to make the interim order passed on 08.09.2008 absolute. However, it is absolutely made clear to the petitioner society that so long as the disciplinary proceedings are kept pending, and so long as the relationship of master and servant is subsisting and so long as the employee is not reinstated back to service, the obligation to pay subsistence allowance cannot be wished away. It is too inhuman for an employer not to consider paying the subsistence allowance to an employee under suspension’.

3. As the President failed to comply with the direction dated 08.09.2008, Contempt Case No. 1635 of 2008 was filed against the Society. Through letter dated 30.01.2011, the Society reported to have paid Rs.8,74,580/- i.e. full amount covered by the said order and the Society also reinstated him to duty with effect from 01.01.2011 and he joined as CEO of the PACS Ltd. Kalgotia. Thereafter, the President also requested for withdrawal of the Contempt Case; consequently, he filed Withdrawal Petition, however, as the President played a mischief and fraud with regard to non payment of 2 DD amounts for Rs. 1,59,000/- and Rs. 4,40,000/- and also failed to mention the said DD Nos. in the said letter dated 30.01.2011, petitioner is stated to have requested on 22.03.2011 for continuance of the Contempt Case.

4. Thereafter, petitioner filed Writ Petition No. 28188 of 2011 seeking a direction to the Society to pay balance subsistence allowance of Rs.1,59,000/- and Rs.4,40,000/- covered by two D.Ds. in question and consider the proposals of petitioner for pay fixation as per Rules and consequently, suspend the relief orders of the Society besides instructing the Society to pay the leave salary as per Rules from 01.04.2011 onwards.

5. In the said Writ Petition, on