St. Marys College of Engineering and Technology v. The All India Council for Technical Education

Telangana HC5 Jun 2007WP/3628/2006

Case brief

AI extract

What is this about?

This judgment records the hearing of multiple writ petitions challenging Government Order No. 1083 (dated 1-12-2003) which amended Rule 2(o) of the Andhra Pradesh Cooperative Societies Rules, 1964. Petitioners, representing cooperative society employees, sought to set aside the amendment as unconstitutional and violative of Article 14 and 21, arguing it deprived them of livelihood. They prayed for

What the court decided

AI extract

St. Marys College of Engineering and… — Pension and Retirement Benefits | Telangana HC (2007)

¶1

IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD

¶2

(Special Original Jurisdiction)

¶3

WEDNESDAY, THE TWENTY NINTH DAY OF OCTOBER TWO THOUSAND AND EIGHT

¶4

:PRESENT:

¶5

THE HON'BLE SRI JUSTICE GODA RAGHURAM

¶6

and

¶7

THE HON'BLE SRI JUSTICE P.V.SANJAY KUMAR

¶8

WRIT PETITION NOS : 28433 of 2007

¶9

3628, 4540,6891 & 9607 of 2004, 24144, of 2005,

¶10

6095,6816,7884,8273,8864,10515,11542,12194,12929,14325,15166,15695,16194, 16413,17508,18280,20154,20660,20974,21061,21181,21266,21319,21430,21671, 21722,22282,23170,23227,23475,23521,23889,24116,24182,24835,25202 and 27234 of 2006, 1147,1874,5309,9769 and 26638 of 2007

¶11

WRIT PETITION NO : 28433 of 2007

¶12

Between:

¶13

1. R.Ramalingeswara Rao

2. B.Samudram

3. G.Ramu Naidu

4. G.Ramana

5. Ch.Chelli Babu

¶18

6. Gandi Appala Naidu

¶19

7. T.Sriramulu.

¶20

..... Petitioners

¶21

AND

¶22

1. The Government of A.P., rep. by its Secretary, Agriculture and Coop. Department, Secretariat, Hyderabad.

¶23

2. The Commissioner for Cooperation-Registrar of Cooperative Societies, Government of A.P., Hyderabad.

¶24

3. The District Cooperative Officer, Visakhapatnam District at Visakhapatnam.

¶25

4. The Divisional Cooperative Officer, Visakhapatnam, Visakhapatnam District.

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5. The Sabbavaram PACS, Sabbavaram, Visakhapatnam District.

¶27

…..Respondents

¶28

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the amendment to clause (o) of Rule 2 of the Andhra Pradesh Cooperative Societies Rules, 1964 issued through G.O.Rt.No. 1083, Agriculture and Cooperation Department, dated. 1-12-2003 by the 1^st respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of Section 116C of A.P. Cooperative Societies Act, beyond the rule making power, and virtually depriving the right to livelihood of

¶29

the employees working in the cooperative societies and set aside the same, consequently direct the respondents to pay our salaries from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules issued in G.O.Ms.No. 1083, Agriculture and Cooperation, dated. 1-12-2003.

¶30

The Petition coming on for hearing, upon perusing the petition and Grounds filed herein and the order of the High Court dated 31-12-2007 made herein and upon hearing the arguments of Sri E.Venkata Rao, Advocate for the Petitioners and of G.P. for Co-operation for the Respondents 1 to 4

¶31

WRIT PETITION NO : 3628 of 2004

¶32

Between:

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1 Y.Pandari, S/o Hanmanlu,

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2 M.Bala Gangadhar, S/o Balaiah,

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3 N.Raja Reddy, S/o Venkat Reddy,

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4 Y.Santosh, S/o Chinnaiah,

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5 V.Gangadhar, S/o Lachanna,

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6 B.Lingam, S/o Bhumaiah,

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7 M.Bhasker, S/o Lingaiah,

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8 P.Narasa Reddy, S/o Narasa Reddy,

¶41

..... Petitioners

¶42

AND

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1 The Primary Agricultural Co.Op. Society, Nizamabad, Nizamabad District, rep by its Chairman, Person-in-charge Committee, C/o Manager, Nizamabad District Co.op Central Bank Ltd., Nizamabad Branch.

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2 The Divisional Cooperative Officer, Nizamabad Division, Nizamabad District.

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3 The District Cooperative Officer, Nizamabad District, Nizamabad.

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4 The Commissioner for Cooperation and Registrar of Cooperative Societies, A.P.,Gruhakalpa, Hyderabad.

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5 Government of AP, rep by its Secretary, Agricultural & Cooperation Department, Secretariat, Hyderabad

¶48

.....Respondents

¶49

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction more particularly one in the nature of writ of mandamus (i) declaring the amendment to clause (o) of rule 2 of AP Cooperative Societies Rules, 1964 issued through G.O.Rt.No.1083, Agriculture and Cooperation Department, dated 1-12-2003 by the 5^th respondent as illegal, arbitrary, and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of

¶50

Section 116 (c) of A.P. Cooperative Societies Act and set aside the same; consequently (ii) direct the respondents to pay salaries of the petitioners from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules, in G.O.Ms.No.1083, Agriculture and Cooperation, dated 1-12-2003, including arrears, from 1-4-2003.

¶51

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 10-32004 and made herein and dated 19-3-2004 made in WPMP.No.4773 of 2004 and upon hearing the arguments of SRI.NANDIGAM KRISHNA RAO, Advocate for the Petitioner, SRI.CH.JANARDHAN REDDY, Advocate for the Respondent No.1 and of GP FOR COOPERATION, for the Respondent Nos.2 to 5

¶52

WRIT PETITION NO : 4540 of 2004

¶53

Between:

¶54

The A.P. Urban and Town Cooperative Banks Employees Association, Vizianagaram, Vizianagaram District rep by Unit Secretary N. Babaji

¶55

..... Petitioner

¶56

AND

¶57

1 The Government of Andhra Pradesh, Cooperation Department rep by Secretary, Secretariat, Hyderabad.

¶58

2 The Commissioner and Registrar of Cooperative Societies, Nampally, Hyderabad

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3 The Vizianagaram Cooperative Urban Bank Ltd., Vizianagaram Vizianagaram District rep by Secretary

¶60

4 The District Cooperative Officer, Vizianagaram, Vizianagaram District

¶61

5 The Divisional Cooperative Officer, Vizianagaram, Vizianagaram District

¶62

.....Respondents

¶63

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ or order or direction, more particularly one in the nature of Writ of Mandamus declaring Rule-2(o) of A.P. Cooperative Societies Rules 1964 as amended under G.O.Rt No. 1083 dt 01-12-1993 as unconstitutional and violative of Article 14 and 21 of the Constitution of India Consequently set aside the proceedings issued by the 3rd respondent dated 12-02-2004.

¶64

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 11-32004, 07-04-2008 and 12-4-2004 and made herein and upon hearing the arguments of SRI.A.SATYA PRASAD, Advocate for the Petitioner, GP FOR COOPERATION, for the Respondent Nos.1,2,4&5 and OF SRI.K.SRINIVASA MURTHY, Standing Counsel for the Respondent No.3

¶65

WRIT PETITION NO : 6891 of 2004

¶66

Between:

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1 Ch.Sathaiah S/o Durgaiah

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2 J.Ramachandra Reddy S/o Malla Reddy

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3 M.Pandu Reddy S/o Shiva Reddy

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4 J.Raghava Reddy S/o Venkata Reddy

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5 G.Narashimha Reddy S/o Kista Reddy

¶72

Petitioners

¶73

AND

¶74

1. The Primary Agricultural Cooperative Society, Bowrampet, Quthubullapur Mandal, Ranga Reddy District rep.by its Chairman, Person in charge Committee C/o The Branch Manger, Hyderabad District Cooperative Central

¶75

Bank Ltd.,West Marredaplly Branch, Secunderabad

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2. The Primary Agricultural Cooperative Society, Medchal, Medchal Mandal, Ranga Reddy District rep.by its Person in Charge Committee C/o The Branch Manger, Hyderabad District Cooperative Central Bank Ltd., Medchal Branch, Medchal, R.R. District.

¶77

3. The Primary Agricultural Cooperative Society, Keesara, Keesara Mandal, Ranga Reddy District rep.by its Chairman , Person in Charge Committee C/o The Branch Manger, Hyderabad District Cooperative Central Bank Ltd., West Marredaplly Branch, Secunderabad.

¶78

4. The Primary Agricultural Cooperative Society, Dabirrpura, Medchal Mandal, Ranga Reddy District rep.by its Person in Charge Committee C/o The Branch Manger, Hyderabad District Cooperative Central Bank Ltd., Medchal Brach, Medchal, Rangareddy District,

¶79

5. The Primary Agricultural Cooperative Society, Hayatnagar, Hayatnagar Mandal, Ranga Reddy District rep.by its Chairman ,Person in charge Committee C/o The Branch Manger, Hyderabad District Cooperative Central Bank Ltd., Hayatnagar Branch, Hayatnagar, Rangareddy District.

¶80

6. The Divisional Cooperative officer Hyderabad West Division, Rangareddy District, Abids, Hyderabad.

¶81

7. The District Cooperative Officer Rangareddy District,

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Samrat Complex, Saifabad, Hyderabad.

¶83

8. The Commissioner of Cooperation and Registrar of Cooperative Societies, AP Gruhakalpa, Hydrabad.

¶84

9. Govt. of A.P., rep.by its Secretary Agriculture & Cooperation Department, Secretariat, Hyderabad.

¶85

.....Respondents

¶86

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, i) declaring the amendment to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules, 1964 issued through G.O.Rt. No.1083, Agriculture and Cooperation Department, dt. 1/12/2003 by the 9th respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of section 116(c) of AP. Cooperative Societies Act, beyond the rule making power and virtually depriving the right to livelihood of the employees working in the cooperative societies and set aside the same; consequently ii) direct the respondent to pay the petitioners their salaries from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule of 2 of Andhra Pradesh Cooperative Societies Rules issued in G.O.Ms.No.1083, Agriculture and Cooperation, dt. 1/12/2003, including arrears, from August, 2003.

¶87

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 09-04-2004 and made herein and upon hearing the arguments of SRI.NANDIGAM KRISHNA RAO, Advocate for the Petitioner, SRI.R.RADHA KRISHNA REDDY, Advocate for the Respondent Nos.1 to 5 and GP FOR COOPERATION, for the Respondent Nos.6 to 9

¶88

WRIT PETITION NO : 9607 of 2004

¶89

Between:

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1 B.Shankar, S/o Narayana,

¶91

2 K.Satyanarayana Rao, S/o Gundaiah,

¶92

3 M.Kishan, S/o Lingaiah,

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4 A.Teja Goud, S/o Rajalinga Goud,

¶94

5 O.Sailoo, S/o Sayanna,

¶95

..... Petitioners

¶96

AND

¶97

1 The Primary Agricultural Cooperative Society Ltd., Dichpally, Dichpally Mandal, Nizamabad District rep., by its Chairman, Personsin-charge Committee.

¶98

2 The Divisional Cooperative Officer, Nizamabad, Nizamabad District.

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3 The District Cooperative Officer, Nizamabad District, Nizamabad.

¶100

4 The Commissioner for Cooperation and Registrar of Cooperative Societies, A.P., Gruhakalpa, Hyderabad.

¶101

5 Government of Andhra Pradesh, represented by its Secretary, Agriculture & Cooperation Department, Secretariat, Hyderabad.

¶102

.....Respondents

¶103

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus; i) declaring the amendment to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules, 1964 issued through G.O.Rt.No.1083, Agriculture and Cooperation Department, dated 1-12-2003 by the 5th respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of Section 116(c) of A.P. Cooperative Societies Act, beyond the rule making power and virtually depriving the right to livelihood of the employees working in the cooperative societies and set aside the same; consequently ii) direct the respondents to pay the petitioners their salaries from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules issued in G.O.Ms.No.1083, Agriculture and Cooperation, dated 1-12-2003 including arrears, from July, 2003

¶104

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 13-6-2005 and made herein and upon hearing the arguments of SRI.NANDIGAM KRISHNA RAO, Advocate for the Petitioner, SRI.CH.JANARDHAN REDDY, Advocate for the Respondent No.1 and of GP FOR COOPERATION, for the

¶105

Respondent Nos. 2 to 5

¶106

WRIT PETITION NO : 24144 of 2005

¶107

Between:

¶108

1 Y. Pratap Reddy S/o. Linga Reddy

¶109

2 P.Balakishan S/o. Beeraiah

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3 Md. Ubedur Rahman S/o. Habeebur Rahman

¶111

4 M.Narasimha Reddy S/o. Pulla Reddy

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5 P.Jagadeeshwar S/o.Baswaraj

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6 A.V. Narasimha Rao S/o. Tirumal Rao

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7 P.D.Prasad S/o. Venkata Suryanarayana Murthy

¶115

8 A.Vijaya Kumar S/o. Bassappa

¶116

9 B.Ganesh S/o. Jangiah

¶117

..... Petitioners

¶118

AND

¶119

1 Primary Agricultural Cooperative Society Ltd., Polkampally Ibrahimpatnam Mandal, Rangareddy District. represented by its President 2 Primary Agricultural Cooperative Society Ltd., Manchal Manchal

¶120

Mandal, Rangareddy

¶121

District represented by its President

¶122

3 Primary Agricultural Cooperative Society Ltd., Upperguda Ibrahimpatnam Mandal, Rangareddy District represented by its President

¶123

4 Primary Agricultural Cooperative Society Ltd., Yacharam Yacharam Mandal, Rangareddy District. represented by its President

¶124

5 Primary Agricultural Cooperative Society Ltd., Navandgi Basheerabad Mandal, Rangareddy District represented by its President

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6 The Divisional Cooperative Officer, Vikarabad Rangareddy District.

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7 The Divisional Cooperative Officer Hyderabad East, Rangareddy District

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At Exhibition Grounds, Nampally, Hyderabad.

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8 The District Cooperative Officer, Rangareddy District, Samrat Complex Saifabad Hyderabad.

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9 The Commissioner for Cooperation and Registrar of Cooperative Societies Government of Andhra Pradesh Gruhakalpa, Hyderabad.

¶130

10 Government of Andhra Pradesh Rep. by its Secretary Agricultural and Cooperation Department Secretariat, Hyderabad.

¶131

.....Respondents

¶132

¶133

Pradesh Cooperative Societies Rules, 1964 issued through G.O.RT. No. 1083, Agriculture and Cooperation Department, dated 1-12-2003 by the 10th Respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of Section 116 (c) of A.P. Cooperative Societies Act, beyond the rule making power and virtually depriving the right to livelihood of the employees working in the cooperative societies and set a side the same; Consequently (i) direct the Respondents to pay salaries to the petitioners from out of 2 % of Working capital without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh Cooperative societies Rules issued in G.O.Ms. No. 1083 Agriculture and Cooperation, dated 1-12-2003, including arrears from august, 2005.

¶134

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 11-11-2005 and made in WPMP. No.31020 of 2005 and upon hearing the arguments of SRI.NANDIGAM KRISHNA RAO, Advocate for the Petitioner, SRI.R.RADHA KRISHNA REDDY, Advocate for the Respondent No.5 and of GP FOR COPPEATION, for the Respondent Nos.6 to 10

¶135

WRIT PETITION NO : 6095 of 2006

¶136

Between:

¶137

1 Kallu Ram Reddy, S/o.Malla Reddy,

¶138

2 P.Viswantham, S/o.Vishnu Murthy,

¶139

3 K.Ramulu, S/o.Ramaiah,

¶140

4 D.Janga Reddy, S/o.Malla Reddy,

¶141

5 G.Manoji, S/o.Jangoji,

¶142

6 Md.Sekhadar, S/o.Sekhamiya,

¶143

.... Petitioners

¶144

AND

¶145

1. The Government of A.P., Rep by its Secretary, Agriculture & Cooperation Department, Secretariat, Hyderabad.

¶146

2. The Commissioner for Cooperation & Registrar of Coop. Societies, Govt of A.P. Gruhakalpa Buildings, Nampally, Hyderabad-I.

¶147

3. The District Cooperative Officer, Ranga Reddy District, Samrat Complex, Saifabad, Hyderabad.

¶148

4. The Divisional Cooperative Officer, Hyderabad (East), Ranga Reddy District, at Exhibition-Grounds, Nampally, Hyderabad.

¶149

5. Primary Agricultural Cooperative Society Ltd., Yacharam, Yacharam Mandal, Ranga Reddy District, Rep by its President.

¶150

.....Respondents

¶151

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction, more particularly in the nature of writ of mandamus i) declaring the amendment to clause (o) to Rule 2 of A P Cooperative Societies Rules 1964 issued through GO RT No.1083 Agriculture and Cooperation Department dt.1-12-2003 by the 1st Respondent i.e the Government of A.P., Hyderabad, as illegal, arbitrary, unjust, unconstitutional, capricious a colourful exercise of power, violative of principles of natural Justice besides being contrary of the Scheme and objectives of the Act, apart from hitting Article 14 & 21 of the Constitution of India and hence set-aside ii) direct the respondents to pay salaries from pot of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of A P Cooperative Societies Rules 1964 issued through GO RT No.1083 Agriculture and Cooperation Department dt.1-12-2003 by the 1st respondent i.e the Government of A.P., Hyderabad.

¶152

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 17-7-2006 and made in WPMP.No.7770 of 2006 and upon hearing the arguments of SRI.D.V.BHADRAM, Advocate for the Petitioner, and of GP FOR COOPERATION, for the Respondent Nos.1 to 4.

¶153

WRIT PETITION NO : 6816 of 2006

¶154

Between:

¶155

1 Theegala Sanjeeva Rao, s/o Kasha Rao,

¶156

2 Kandula Yugandhar Reddy, s/o Perma Reddy,

¶157

3 Sk.Mohammadhali, s/o Sk.Nanne,

¶158

4 Mamidipalli Chandra Mouli, s/o Venkatrajam,

¶159

5 Koluguri Prakash Rao, s/o Bugga Rao,

¶160

6 Nimma Narayana Reddy, s/o Bala Reddy,

¶161

7 Ladunuri Murali, s/o Kistaiah,

¶162

Petitioners

¶163

AND

¶164

1 Primary Agricultural Cooperative Society Ltd., Velagatoor, Velgatoor Mandal, Karimnagar District represented by its President.

¶165

2 Primary Agricultural Co.operative Society Ltd., Veenavanka, Veenavanka Mandal, Karimnagar District represented by its President

¶166

3 Primary Agricultural Cooperative Society Ltd., Nandhimadaram, Dharmaram Mandal, Karimnagar District rep., by its President

¶167

4 Primary Agricultural Cooperative Society Ltd., Almaspoor, Yellareddipet Mandal, Karimnagar District represented by its President

¶168

5 Primary Agricultural Cooperative Society Ltd., Thimmapur, Yellareddipet Mandal, Karimnagar District represented by its President

¶169

6 Primary Agricultural Co.operative Society Ltd., Yellareddipet, Yellareddipet Mandal, Karimnagar District represented by its President

¶170

7 The Divisional Cooperative Officer, Peddapalli, Karimnagar District.

¶171

8 The Divisional Cooperative Officer, Jagtial, Karimnagar District.

¶172

9 The Divisional Co.operative Officer, Karimnagar, Karimnagar District.

¶173

10 The District Cooperative Officer, karimnagar District, Karimnagar.

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11 The Commissioner for Cooperation and Registrar of Cooperative Societies, Government of Andhra Pradesh, Gruhakalpa, Hyderabad.

¶175

12 Government of Andhra Pradesh, represented by its Secretary, Agriculture and Cooperation Department, Secretariat, Hyderabad.

¶176

.....Respondents

¶177

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus- i) declaring the amendment to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules, 1964, issued through G.O.Rt.No.1083, Agriculture and Cooperation Department, dated 1-12-2003 by the 12th respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of Section 116 (c) of A.P.Cooperative Societies Act, beyond the rule making power and virtually depriving the right to livelihood of the employees working in the cooperative societies and set aside the same; consequently ii) direct the respondents to pay salaries to the petitioners from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules issued in G.O.Ms.No.1083, Agriculture and Cooperation, dated 1-12-2003, including arrears from August, 2005.

¶178

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 10-4-2006 and made in WPMP.No.8765 of 2006 and upon hearing the arguments of SRI.NANDIGAM KRISHNA RAO, Advocate for the Petitioners and of GP FOR COOPERATION, for the Respondent Nos.7 to 12

¶179

WRIT PETITION NO : 7884 of 2006

¶180

Between:

¶181

Adapa Gopala Krishna, S/o Ramayya, The Bhimavaram Cooperative Urban

¶182

Bank Ltd., Bhimavaram, West Godavari District R/o Bhimavaram, West Godavari District.

¶183

..... Petitioner

¶184

AND

¶185

1 The Government of Andhra Pradesh, rep., by its Secretary, Cooperative Department, Secretariat, Hyderabad.

¶186

2 The Commissioner & Registrar of Cooperative Societies, Nampally, Hyderabad.

¶187

3 The Bhimavaram Cooperative Urban Bank Ltd.,No.100, Bhimavaram, West Godavari District rep.,by its Chairman, Managing Committee.

¶188

4 The District Cooperative Officer, West Godavari District at Eluru.

¶189

5 The Divisional Cooperative Officer, Bhimavaram, West Godavari District.

¶190

.....Respondents

¶191

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the Rule 2(o) of A.P.Cooperative Societies Rules 1964 as amended under G.O.Rt.No.1083, Agriculture and Cooperation (Coop.IV) Department, dt.1-12-2003 as unconstitutional and violative of Article 14 and 21 of the Constitution of India consequently set aside the resolution passed by the 3rd respondent in Resolution No.151, dt.31-1-2006 in so far as reduction of salary concerned by directing the respondents to pay full salary to the petitioner from the month of February, 2006, and continue to pay the same month after month.

¶192

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 24-4-2006 and made in WPMP.NO.10094 of 2006 and upon hearing the arguments of SRI.POLISETTY RADHA KRISHNA, Advocate for the Petitioner and of GP FOR COOPERATION, for the Respondent Nos.1,2,4&5

¶193

WRIT PETITION NO : 8273 of 2006

¶194

Between:

¶195

1 B.Damodar Rao, S/o.Purushotham Rao,

¶196

2 B.Subhash raju, S/o.Janardhan,

¶197

3 L.Lakshma Reddy, S/o.Mallaiah,

¶198

4 G.Peddulu, S/o.Bhoomaiah,

¶199

5 S.Narayana Reddy, S/o.Buchi Narsaiah,

¶200

.... Petitioners

¶201

AND

¶202

1 Primary Agricultural Cooperative Society Ltd., Durshed ,Karimnagar District, Rep by its President.

¶203

2 Primary Agricultural Cooperative Society Ltd., Raikal,Karimnagar District, Rep by its President.

¶204

3 Primary Agricultural Cooperative Society Ltd., Choppadandi,Karimnagar District, Rep by its President.

¶205

4 Primary Agricultural Cooperative Society Ltd., Devampalli ,Karimnagar District, Rep by its President.

¶206

5 Primary Agricultural Cooperative Society Ltd., Julapalli ,Karimnagar District, Rep by its President.

¶207

6 The Divisional Cooperative Officer, Peddapalli, Karimnagar District. 7 The Divisional Cooperative Officer, Jagitial, Karimnagar District. 8 The Divisional Cooperative Officer, karimnagar, Karimnagar District. 9 The District Cooperative Officer, Karimnagar District, Karimnagar. 10 The Commissioner for Cooperation and Registrar of - Cooperative Societies, Government of A.P., Gruhakalpa, Hyderabad.

¶208

11 Government of A.P., Rep by its Secretary, Agricultural and Cooperation Department, Secretariat, Hyderabad.

¶209

.....Respondents

¶210

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to

¶211

issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus- i) declaring the amendment to clause (o) of Rules 2 of Andhra Pradesh Cooperative Societies Rules, 1964, issued through G.O.Rt.No.1083, Agriculture & Cooperation Department, dated 1-12-2003 by the 11th Respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of Section 116 (C) of A.P.Cooperative Societies Act, beyond the rule making power and virtually depriving the right to livelihood of the employees working in the cooperative societies and set aside the same' consequently ii) direct the Respondents to pay salaries to the petitioners from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules issued in G.O.Ms.No.1083, Agricultural & Cooperation, dated 1-12-2003.

¶212

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 24-4-2006 and made in 10574 of 2006 and upon hearing the arguments of SRI.NANDIGAM KRISHNA RAO, Advocate for the Petitioners and of GP FOR COOPERATION, for the Respondent Nos.6 to 11

¶213

WRIT PETITION NO : 8864 of 2006

¶214

Between:

¶215

The A.P.Urban & Town Co.operative Bank Employees Association, Bhimavaram Unit, West Godavari District, rep., by its Unit Secretary, Pasala Satteyya, S/o Venkata Swamy

¶216

..... Petitioner

¶217

AND

¶218

1 The Government of Andhra Pradesh, rep., by its Secretary, Co.operative Department, Secretariat, Hyderabad.

¶219

2 The Commissioner & Registrar of Co.operative Societies, Nampally, Hyderabad.

¶220

3 The Bhimavaram Co.operative Urban Bank Ltd., No.100, Bhimavaram, West Godavari District, rep., by its Chairman Managing Committee.

¶221

4 The District Co.operative Officer, West Godavari District at Eluru.

¶222

5 The Divisional Cooperative Officer, Bhimavaram, West Godavari District.

¶223

.....Respondents

¶224

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the Rule 2(o) of A.P.Co.operative Societies Rules, 1964 as amended under G.O.Rt.No.1083, Agriculture and Co.operation (Co.op.IV) Department dated 1-12-2003 as unconstitutional and violative of Article 14 and 21 of the Constitution of India consequently set aside the Resolution passed by the 3rd respondent in Resolution No.151 dt.31-1-2006 in so far as reduction of salary concerned by directing the respondents to pay full salaries to the 17 members of the petitioner association (filed as Annexure-I) from the month of February, 2006, and continue to pay the same month after month,

¶225

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 24-4-2006 and made in WPMP.No.11274 of 2006 and upon hearing the arguments of SRI.POLISETTY RADHA KRISHNA, Advocate for the Petitioner and of GP FOR COOPERATION, for the Respondent Nos. 1to 5

¶226

WRIT PETITION NO : 10515 of 2006

¶227

Between:

¶228

1 M.Laxmi Rajam S/o.Arsharamujlu

¶229

2 G.Raja Gopal Reddy S/o.Anantha Reddy

¶230

3 M.Narayana S/o.Hanmaiah

¶231

4 B.Shankaraiah S/o.Rajaveeru

¶232

5 M.D.Salam S/o.Hassan Miya

¶233

6 G.Rajaiah S/o.Veeraiah

¶234

Petitioners

¶235

AND

¶236

1 Primary Agricultural Co-Operative Society Limited, Kurikyala Village, Gangadhara Mandal, Karimnagar District rep.by its Persident

¶237

2 Primary Agricultural Co-Operative Society Limited, Sultanabad Village & Mandal, Karimnagar District rep.by its Persident

¶238

3 Primary Agricultural Co-Operative Society Limited, Dulikatta Village, Eligadu Mandal, Karimnagar Dist. rep.by its Persident

¶239

4 Primary Agricultural Co-Operative Society Limited, Kunaram Village, Kalvasrirampoor Mandal, Karimnagar Dist. rep.by its Persident

¶240

5 The Branch Manager, Rural Bank, Eligadu Village & Mandal, Karimnagar District.

¶241

6 The Divisional Co-Operative Officer, Peddapalli, Karimnagar District.

¶242

7 The Divisional Co-Operative Officer, Jagtial, Karimnagar District.

¶243

8 The Divisional Co-Operative Officer, Karimnagar, Karimnagar District.

¶244

9 The Divisional Co-Operative Officer, Karimnagar, Karimnagar District.

¶245

10 The Commissioner for Co-Operation & Registrar of Co-operative Societies, Government of Andhra Pradesh, Gruhakalpa, Hyderabad.

¶246

11 The Government of Andhra Pradesh, Represented by its Secretary, Agriculture and Co-Operation Department, Secretariat, Hyderabad

¶247

.....Respondents

¶248

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ order or direction more particularly one in the nature of writ of mandamus, (i) declaring the amendment to clause (o) of Rule 2 of Andhra Pradesh Co-Operative Societies Rules, 1964, issued through GO. Rt.No.1083, Agriculture and Cooperation Department, dt.1/12/2003 by the 11th respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of Sec. 116 (c) of A.P.Co-Operative Societies Act beyond the rule making power and virtually depriving the right to livelihood of the employees working in the co-operative societies and set aside the same; consequently (ii) direct the respondents to pay salaries to the petitioners from out of the 2% of working capitals without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh Co-Operative Societies Rules issued in G.O.Ms.No.1083 Agriculture & Co-Operation, dt.1/12/2003.

¶249

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 30-5-2006 and made in WPMP.No.13171 of 2006 and upon hearing the arguments of SRI.NANDIGAM KRISHNA RAO, Advocate for the Petitioners and of GP FOR COOPERATION, for the Respondent Nos.6 to 11

¶250

WRIT PETITION NO : 11542 of 2006

¶251

Between:

¶252

1 P.Narayana, S/o.Venkaiah,

¶253

2 B.Ashalu, S/o.Ramakistaiah,

¶254

3 B.Rajesham, S/o.Bakkaiah,

¶255

4 M.Kishan Rao, S/o.Venkat Rao,

¶256

5 D.Brahmanandam, S/o.Narayana,

¶257

6 S.Janardhan Reddy, S/o.Thirupathi Reddy,

¶258

.... Petitioners

¶259

AND

¶260

1 Primary Agricultural Cooperative Society Ltd., Nusthulapur, Thimmapoor Mandal, Karimnagar District, Rep by its President.

¶261

2 Primary Agricultural Cooperative Society Ltd., Chandoli, Gollapalli Mandal, Karimnagar District, Rep by its President.

¶262

3 Primary Agricultural Cooperative Society Ltd., Ramadugu, Ramadugu Mandal, Karimnagar District, Rep by its President.

¶263

4 Primary Agricultural Cooperative Society Ltd., Ramadugu, Ramadugu Mandal, Karimnagar District, Rep by its President.

¶264

5 Primary Agricultural Cooperative Society Ltd., Kalleda, Jagitial Mandal, Karimnagar District, Rep by its President.

¶265

6 Primary Agricultural Cooperative Society Ltd., Gangadhara, Gangadhara Mandal, Karimnagar District, Rep by its President.

¶266

7 The Divisional Cooperative Officer, Jagitial, Karimnagar District.

¶267

8 The Divisional Cooperative Officer, Karimnagar, Karimnagar District.

¶268

9 The District Cooperative Officer, Karimnagar District, Karimnagar.

¶269

10 The Commissioner for Cooperation and Registrar of - Cooperative Societies, Govt of A.P., Gruhakalpa, Hyderabad.

¶270

11 Government of A.P., Rep by its Secretary, Agriculture and Cooperation Department, Secretariat, Hyderabad.

¶271

.....Respondents

¶272

¶273

Agriculture & Cooperation Department, dated 1-12-2003 by the 11th Respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of Section 116 (C) of A.P.Cooperative Societies Act, beyond the rule making power and virtually depriving the right to livelihood of the employees working in the cooperative societies and setaside the same; consequently ii) direct the Respondents to pay salaries to the petitioners from out of 2% of working capital without reference to the amendment issued to clause (o) of rule 2 of Andhra Pradesh cooperative Societies Rules issued in G.O.Ms.No.1083, Agriculture & Cooperation, dated 1-12-2003.

¶274

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 13-6-2006 and made in WPMP.No. 14357 of 2006 and upon hearing the arguments of SRI.NANDIGAM KRISHNA RAO, Advocate for the Petitioners and of GP FOR COOPERATION, for the Respondent Nos.7 to 11

¶275

WRIT PETITION NO : 12194 of 2006

¶276

Between:

¶277

1 E.Sanjeeva Reddy, S/o.Thirupathi Reddy,

¶278

2 Ch.Prabhakar Rao, S/o.Jalapathi Rao,

¶279

3 G.Syam Sundar, S/o.Gangaram,

¶280

4 N.Srinivas, S/o.Balakistam,

¶281

5 P.Damodhar, S/o.Ram Mallu,

¶282

6 Ch.Venu Gopal, S/o.Limbaiah,

¶283

Petitioners

¶284

AND

¶285

1 Primary Agricultural Cooperative Society Ltd., Chinna Metpally, Koratla Mandal, Karimnagar District. Rep By its President.

¶286

2 Primary Agricultural Cooperative Society Ltd., Yakeenpoor, Koratla Mandal, Karimnagar District. Rep By its President.

¶287

3 Primary Agricultural Cooperative Society Ltd., Paidimadugu, Koratla Mandal, Karimnagar District. Rep By its President.

¶288

4 Primary Agricultural Cooperative Society Ltd., Gambhirpur, Kathalapur Mandal, Karimnagar District. Rep By its President.

¶289

5 Primary Agricultural Cooperative Society Ltd., Bhooshan Rao Pet, Kathalapoor Mandal, Karimnagar District, Rep By its President.

¶290

6 Primary Agricultural Cooperative Society Ltd., Korutla, Korutla Mandal, Karimnagar District. Rep By its President.

¶291

7 The Divisional Cooperative Officer, Jagitial, Karimnagar District.

¶292

8 The District Cooperative Officer, Karimnagar District, Karimnagar.

¶293

9 The Commissioner for Cooperation and Registrar of- Cooperative Societies, Govt of A.P., Gruhakalpa, Hyderabad.

¶294

10 Government of A.P., Rep by its Secretary, Agricultural and Cooperation Department, Secretariat, Hyderabad.

¶295

.....Respondents

¶296

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus: i) declaring the amendment to clause (o) of rule 2 of Andhra Pradesh Cooperative Societies Rules, 1964 issued through G.O.Rt.No.1083, Agriculture and Cooperation Department dt.1.12.2003 by the 10th Respondent as illegal, arbitrary and unconstitutional apart from being vioalive of principles of natural justice and against the very purpose and object of Section 116 (c) of A.P.Cooperative Societies Act, beyond the rule making power and virtually depriving the right to livelihood of the employees working in the cooperative societies and set aside the same; consequently ii) direct the respondents to pay salaries to the petitioners from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules issued in G.O.Ms.No.1083, Agriculture and Cooperation dt.1.12.2003.

¶297

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 20-06-2006 and made in WPMP.No.15169 of 2006 and upon hearing the arguments of SRI.NANDIGAM KRISHNA RAO, Advocate for the Petitioners and of GP FOR COOPERATION, for the Respondent Nos. 7 to 10.

¶298

WRIT PETITION NO : 12929 of 2006

¶299

Between:

¶300

1 Ch.Venkat Reddy S/o.Raji Reddy

¶301

2 N.yellaiah S/o.Balaiah

¶302

3 Mohd.Ishaq Ahmed S/o.Ibrahim,

¶303

4 Y.Sathaiah S/o.Bhoomaiah

¶304

Petitioners

¶305

AND

¶306

1 Primary Agricultural Cooperative Society Ltd., Poodur, Kodimyal Mandal, Karimnagar District

¶307

2 Primary Agricultural Cooperative Society Ltd., Srirampur, Srirampur Mandal, Karimnagar district

¶308

3 Primary Agricultural Cooperative Society Ltd., Gollapally, Goggapally Mandal, Karimnagar District

¶309

4 The Divisional Cooperative Officer, Jagitial, Karimangar District

¶310

5 The Divisional Cooperative Officer, Peddapalli Karimnagar District

¶311

6 The District Cooperative Officer, Karimnagar District Karimnagar

¶312

7 The Commissioner For cooperation and Register of Cooperative Societies, Govt of AP., Gruhakalpa, Hyderabad

¶313

8 Government iof Andhra Pradesh, rep.by its Secretary Agriculture and Cooperation Department, Secretariat, Hyderabad.

¶314

.....Respondents

¶315

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus:- i). declaring the amendment to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules, 1964 issued through G.O.Rt.No.1083 Agriculture & Cooperation Department dated 1.12.2003 by the 8th respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of section 116 of A.P. Cooperative Societies Act, beyond the rule making power and virtually depriving the right to livelihood of the employees working in the cooperative societies and set aside the same consequently ; ii). direct the respondents to pay salaries to the petitioners from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules issued in G.O.Mas.No.1083 Agriculture & Cooperation, dated 1.12.2003.

¶316

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 27-6-2006 made in WPMP.No. 16047 of 2006 and upon hearing the arguments of SRI.NANDIGAM KRISHNA RAO, Advocate for the Petitioners and of GP FOR COOPERATION, for the Respondent Nos.4 to 8

¶317

WRIT PETITION NO : 14325 of 2006

¶318

Between:

¶319

1 Pingali Ram Narasimha Reddy, S/o.Anantha Reddy,

¶320

2 Lingala Bal Reddy, S/o.Malla Reddy,

¶321

3 T.Sudhakar Reddy, S/o.Bal Reddy,

¶322

4 Kunaboina Parashaiah, S/o.Yellaiah,

¶323

5 Md.Kurshid Ali, S/o.Mahamood Ali,

¶324

..... Petitioners

¶325

AND

¶326

1. The Primary Agricultural Cooperative Societies Ltd., Nookapalli, Mallial Mandal, Karimnagar District, Rep by its President.

¶327

2. The Primary Agricultural Cooperative Societies Ltd., Mallial Mandal, Karimnagar District, Rep by its President.

¶328

3. The Primary Agricultural Cooperative Societies Ltd., Thakkallapalli Village, Mallial Mandal, Karimnagar District, Rep by its President.

¶329

4. The Primary Agricultural Cooperative Societies Ltd., Nanchieriall Village, Peggadapalli (M), Karimnagar District, Rep by its President.

¶330

5. The Primary Agricultural Cooperative Societies Ltd., Thirumalapur Village, Kodimyal (M), Karimnagar District, Rep by its President.

¶331

6. The Divisional Cooperative Officer, Jagitial, Karimnagar District.

¶332

7. The District Cooperative Officer, Karimnagar, Karimnagar District.

¶333

8. The Commissioner of Cooperation and Registrar of Coop. Societies, Govt of A.P., Gruhakalpa, Hyderabad.

¶334

9. The Govt. of A.P., Rep by its Secretary, Agriculture and Cooperation Dept, Secretariat, Hyderabad.

¶335

.....Respondents

¶336

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction, more particularly in the nature of Writ of Mandamus to (1) declare the amendment of Clause (o) of rule 2 of Andhra Pradesh Cooperative Societies Rules, 1964 issued through G.O.Rt.No.1083 Agriculture & Cooperation Department, dated 1-12-2003 by the 8th Respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of Section 116 (C) of A.P.Cooperative Societies Act, beyond the rule making power and virtually depriving the right to livelihood of the employees working in the cooperative societies and set aside the same; consequently ii) to direct the Respondent to pay our salaries from out of 2% of Working Capital reference to the amendment issued to clause (o) of rule 2 of Andhra Pradesh Cooperative Societies Rules issued in G.O.Ms.NO.1083, Agriculture & Cooperation dated 1-12-2003.

¶337

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 13-7-2006 and made in WPMP.No.17829 of 2006 and upon hearing the arguments of SRI.M.RAM GOPAL REDDY, Advocate for the Petitioner and of GP FOR COOPERATION, for the Respondent Nos.6 to 9

¶338

WRIT PETITION NO : 15166 of 2006

¶339

Between:

¶340

1 Y.Sadanandam, S/o Vaikuntam,

¶341

2 K.Lachaiah, S/o Rajaiah,

¶342

Petitioners

¶343

AND

¶344

1 Primary Agricultural Co.operative Society Ltd., Medipally, Medipally Post & Mandal, Karimnagar District, represented by its President

¶345

2 Primary Agricultural Cooperative Society Ltd., Madhapur, Korutla Mandal, Karimnagar District, represented by its President.

¶346

3 The Divisional Cooperative Officer, Jagtial, Karimnagar District.

¶347

4 The District Cooperative Officer, Karimnagar District, Karimnagar.

¶348

5 The Commissioner for Cooperation and Registrar of Cooperative Societies, Government of Andhra Pradesh, Gruhakalpa, Hyderabad.

¶349

6 Government of Andhra Pradesh, represented by its Secretary, Agricultural and Cooperation Department, Secretariat, Hyderabad.

¶350

.....Respondents

¶351

Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus i) declaring the amendment to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules, 1964, issued through G.O.Rt.No.1083, Agriculture & Cooperation Department dated 1-12-2003 by the 6th respondent as illegal, arbitrary and unconstitutional apart from being violative of principles of natural justice and against the very purpose and object of section 116 (c) of A.P.Cooperative Societies Act, beyond the rule making power and virtually depriving the right to livelihood of the employees working in the cooperative societies and set aside the same; consequently ii) direct the respondents to pay salaries to the petitioners from out of 2% of working capital without reference to the amendment issued to clause (o) of Rule 2 of Andhra Pradesh Cooperative Societies Rules issued in G.O.Ms.No.1083, Agriculture & Cooperation, dated 1-12-2003.

¶352

The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 24/07/2006 and made in W.P.No.18886 of 2006 and upon hearing the arguments of SRI.NANDIGAM KRISHNA RAO, Advocate for the Petitioners and of GP FOR COOPERATION, for the Respondent Nos.3 to 5

St. Marys College of Engineering and Technology v. The All India Council for Technical Education

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St. Marys College of Engineering and Technology v. The All India Council for Technical Education

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