Disposed

Kurakula Krishan Rao v. The State of Andhra Pradesh

Andhra Pradesh HC11 Nov 2024WP/40357/2014

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition regarding non-compliance of orders related to back wages and service benefits of a retired employee. The court directed the petitioner to submit a detailed representation and proof of salary payments to similarly situated employees for further consideration.

What did the court decide?

Direction to the petitioner to submit a detailed representation regarding back wages and proof of salary payments to similarly situated employees within three weeks.

Kurakula Krishan Rao Vs The State of… — Pension and Retirement Benefits | Andhra Pradesh HC (2024)

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE TWELFTH DAY OF NOVEMBER

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TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 40357 OF 2014

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Between:

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Kurakula Krishan Rao, S/o.Rajaiah, Aged 60 years; Occ: Cadre Secretary The Gokavaram Large sized Cooperative Credit Society Limited Gokavaram Mandal, East Godavari District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, rep. by its Principal Secretary, Cooperative Department Secretariat, Hyderabad.

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The Second Appellate Authority under section 48(3) of the, A.P. Shops and Establishment Act 1988 and Joint Commissioner of Labour, Zone-ll Eluru, West Godavari District.

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The District Cooperative officer, Kakinada,East Godavari^District 4. The Divisional Cooperative Officer, Rajhamundry, East^Godavari District.

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The Gokavaram Large sized Cooperative Credit Society Limited, Gokavaram Mandal, East Godavari District Represented by its President

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...RESPONDENTS

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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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the 5th respondent society in not complying the orders of the 2nd respondent^{inA.P.S.A.Case} No 1 of 2011 dated 04-06-2012 as totally illegal, arbitrary,^{andviolativeof}

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Article 14 of the Constitution of India and contrary to the Provisions of the A.P. ,Shops and establishment act 1988 and consequently direct the 5'^ respoficlpqt to pay the back wages/arrears as per the orders of the 2"^^ • respondent in A.P.S.A. Case No 1 of 2011 dated 04-06-2012.

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I.A. NO: 1 OF 2014(WPMP. NO: 50610 OF 2014t

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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 to direct the 5th respondent society to consider the representation dated 2707-2013 made by the petitioner for payment of the back wages/arrears of salary as per the orders of the 2""^ respondent in A.P.S.A. Case No 1 of 2011 dated 04-06-2012 pending disposal of the above writ petition.

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I.A. NO: 1 OF 2015fWVMP. NO: 1640 OF 201*^)

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Between:

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The Gokavaram Large sized Cooperative Credit Society Limited, Gokavaram Mandal, East Godavari District Represented by its President ...PETITIONER/RESPONDENT No.5

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AND

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Kurakula Krishan Rao S/o. Rajaiah, Secretary, Retired, M/s

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Gokavaram Large sized Cooperative Credit Society Limited Gokavaram Mandal, East Godavari District.

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...RESPONDENT/PETITIONER

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The State of Andhra Pradesh rep. by its Principal Secretary^ Cooperative Department Secretariat, Hyderabad.

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The Second Appellate Authority under section 48(3) of the, A.P. Shops and Establishment Act 1988 and Joint Commissioner of Labour, Zone-ll Eluru, West Godavari District.

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The District Cooperative officer, Kakinada,East Godavari District 5. The Divisional Cooperative Officer, Rajhamundry, East Godavari District.

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...RESPONDENTS 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 to vacate the interim Order dt.29.12.2014 passed in W.P.M.P.No. 50610 of 2014 in W.P.No.40357 of 2014

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Counsel for the Petitioner: SRI KRISHNA RAO MODHALAVALASA Counsel for the Respondent Nos.1,3 & 4: GP FOR COOPERATION Counsel for the Respondent No.2: GP FOR LABOUR Counsel for the Respondent No5:SRI TATA SINGAIAH GOUD The Court made the following: ORDER

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APHC010173682014

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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[3457]

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TUESDAY, THE TWELFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE HARINATH.N

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WRIT PETITION NO: 40357/2014

Between:

Kurakula Krishan Rao

...PETITIONER

AND

The State Of Andhra Pradesh and Others ...RESPONDENT{S)

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Counsel for the Petitioner:

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1.KRISHNA RAO MODHALAVALASA

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Counsel for the Respondent(S):

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1.GP FOR COOPERATION (AP)

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2.TATA SINGAIAH GOUD

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3.GP FOR LABOUR (AP)

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The Court made the following Order:

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Heard the learned counsel for the petitioner.

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The grievance of the petitioner is that the respondent^No.5has not complied with the order passed by the respondent No.2 in its letter and spirit. The petitioner while working as a secretary of the respondent No.5 was charged with the misconduct of drawing of salary without approval from the chairman.

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On the said premise, the petitioner was terminated^from service on 10.05.2006. Aggrieved by the order of termination, the^{petitionerfiled} APSE Case No. 13/2008 before the competent authority under^the Shops and Establishments Act. The said authority vide order dated^{04.12.2009heldthe} order of termination as disproportionate to the charges^{leveledagainstthe} petitioner and thus directed the reinstatement of the^petitioner together^with full back wages and continuity of service with all^{attendantbenefits.}

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Aggrieved by the order of the competent authority,^{respondentNo.5} filed an Appeal before respondent No.2. Respondent^{No.2hasmodifiedthe} order passed under Section 48 of the Shops and Establishments^Actand modified the relief granted to the petitioner by granting^{50%ofbackwages} and continuity of service. In pursuance of the order passed by respondent No.2, the petitioner was reinstated on 28.06.2012.^{Thepetitionerthereafter} attained the age of superannuation on 30.06.2012.

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The learned counsel appearing for the petitioner submits that though the petitioner attained the age of superannuation long back, the respondents have not complied with the order of respondent No.2.^{Thelearnedcounselfor} the petitioner submits that part of the sum was only paid by the respondent No.5 by calculating the loss of pay of the petitioner as Rs.3,912.50/- per month instead of calculating the back wages by taking^{intoaccountanamount} of Rs. 10,830/- per month as last drawn pay. It is^also submitted that on

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account of the pendency of the above writ petition, respondent No.5 has not disbursed the service benefits to the petitioner.

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The respondents in their counter submits that the respondent No.5 has passed a resolution on 27.07.2003 whereby the PIC Committee resolved to re-calculate the salaries of the employees in accordance with Section 116 (C) of the Andhra Pradesh Co-operative Societies Act, 1964. The relevant proceedings pertaining to the reduction in the salary of the petitioner was also recorded in the merits of the meeting held on 27.07.2003. The petitioner was drawing a sum of Rs.10,830/till 31.07.2003 and from 01.08.2003 the petitioner was paid an amount of Rs.3,912.50/-. A reduction of Rs.6,917.5/was proposed and implemented.

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It is also submitted that the respondents have duly calculated the 50% of back wages and deposited the amount before the Joint Commissioner of Labour at the time of preferring the Appeal. It is also submitted that the petitioner has drawn excess amount of Rs.2,55,830/- as on 31.07.2012 and that the same is due payable. It is prayed that the Society is not due any amount and on the contrary the petitioner is due.

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This Court while admitting the Writ Petition on 29.12.2014 directed the respondent No.5 to consider the representation dated 27.07.2013 made by the petitioner for payment of back wages in terms of the orders passed by the respondent No.2.

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Perused the record and it is evident that an amount of Rs.1,43,719/towards back wages were paid by the respondent No.5. The claim of the petitioner is that the similarly placed employees who were also drawing salary on par with the petitioner at Rs.10,830/- and whose pay was reduced to match the expenditure in terms of the Section 116 (C) of Andhra Pradesh Co-operative Societies Act. Subsequently were extended the original pay as the writ petitions were preferred by different societies was dismissed by the Court in W.P.No.21497 of 2003 and batch. The budget was released by the State to meet the expenses including the salaries.

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This Court in W.P.No.17916 of 2003 vide order dated 24.02.2004 directed the societies to ensure payment of salaries to the writ petitioners including the petitioner herein in accordance with the provisions of Section 116 (C) of the Act. The dispute with regard to the quantum of salary which was taken as the base salary calculation of back wages is disputed by the petitioner according to the petitioner an amount of Rs.10,830/- ought to be taken as a base salary whereas the respondents on the contrary stated that an amount of Rs.3,912.50/- was taken as the base.

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The submission of the learned counsel for the petitioner that the respondent No.5 has also not released the service benefits due payable to the petitioner inspite of the petitioner attained the age of superannuation on 30.06.2012.

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•■'•s.

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Considering the submissions of the learned counsel appearing for the parties, this Court deems it appropriate to direct the petitioner to submit a detailed representation to the respondent No.5 and also submit the relevant proof of payment of the salaries to the other similarly situated employees to the respondent No.5 within a period of three (03) weeks^{fromthedateof} receipt of this order. After receipt of the said representation, the respondents shall pass necessary orders keeping in view of the orders of this Court passed in W.P.No.17196 of 2003 within a period of four (04)^{weeksthereafter.}

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Accordingly, this Writ Petition is disposed off, with the above said direction. There shall be no order as to costs.

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As a sequel, miscellaneous petitions pending, if any,^{shallstandclosed.}

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SD/- N NAGAMMA ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To, 1.

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The Principal Secretary, Cooperative Department, State^ofAndhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur^District.

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The Second Appellate Authority under section 48(3) of the, A.P. Shops and Establishment Act 1988 and Joint Commissioner of Labour, Zone-ll Eluru West Godavari District.

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The District Cooperative officer, Kakinada, East Godavari District 4. The Divisional Cooperative Officer, Rajhamundry, East^Godavari District.

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The President, Gokavaram Large sized Cooperative Credit Society Limited, Gokavaram Mandal, East Godavari District.

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One CC to Sri Krishna Rao Modhalavalasa, Advocate [OPUC] 7. One CC to Sri Tata Singaiah Goud, Advocate [OPUC] 8. Two CCs to GP for Cooperation, High Court of Andhra Pradesh. [OUT] 9. Two CCs to GP for Labour, High Court of Andhra Pradesh. [OUT] 10. Three CD Copies.

ssb

HIGH COURT

4-^

DATED;12/11/2024

ORDER