Sri Esalla Madhu, Vs The State of Andhra Pradesh

SRI ESALLA MADHU,, S/O. ESALLA SUDHAKAR, AGED ABOUT 39 YEARS, OCCDRIVER-CUM-MESSENGER, DCCB, SPSR NELLORE, R/O. H.NO.154, SIDDAVARAM, SPSR NELLORE, ANDHRA PRADESH.

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...PETITIONER

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AND

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

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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.

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

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...RESPONDENT(S):

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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 topray that this Hon'ble Court for issuance of an appropriate Writ, Order, or direction more particularly one in the nature of Writ of Mandamus

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declaring the action of the Respondent No.2 and 3 in not fmilizing the recomandations of the Resolution No.46, dated 17.07.2019 passed by the Board of Mnagement of 2nd Respondent or paying miminum of the pay scale coresponding post held by the petitioner, thereby rugularising his services, by excerising the power and autonamy granted under Section 115 (ii) - D of the Andhra Pradesh Cooperative Socities, Act 1964, and further inaction of the 2' Respondent in considering the oral representations and written representation dated 24.08.2023 made seeking regularising of petitioner services, evenafter 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

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IA NO: 1 OF 2023

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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 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

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Counsel for the Petitioner:

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1.SRINIVAS BASAVA

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Counsel for the Respondent(S):

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1.SIVAPRASAD REDDY VENATI

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2.GP FOR SERVICES I

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 22828 OF 2023

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The Court made the following order:

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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.

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The facts herein are as follows:

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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 of the petitioner.

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Though, the petitioner had submitted representation on 24.08.2023 requesting the respondent authorities to issue appointment and joining orders, no further action has been taken. Hence, the present writ petition has been filed.

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Learned counsel for the respondents submits that if the petitioner submits a comprehensive representation, the respondents will consider the same in the light of the resolution referred above and pass appropriate orders.

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In light of the submissions made by the learned counsels, the writ petition is disposed of with the following directions:

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(i) The petitioner shall submit a comprehensive representation to Respondent Nos.2 and 3 for issuance of appointment orders and joining orders as ‘Messenger’ within a period of two weeks from the date of receipt of this order.

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(ii) On receipt of the same, the respondents-Bank shall consider the same in the light of Resolution No.46 dated 17.07.2019 and pass appropriate orders within a period of six weeks thereafter.

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