Disposed

P.Prema Chary v. The State of Telangana

Telangana HC18 Feb 2025WP/7712/2024

Case brief

AI extract

What is this about?

Writ petition filed by pACS staff challenging exclusion from recruitment. Court permitted participation in future direct recruitment with 25% reservation for pACS staff as per Government orders without disposing on merits.

What did the court decide?

The writ petition is disposed of by directing authorities to permit eligible pACS staff to participate in future direct recruitment for Staff Assistant posts as per G.O.Ms.No.41.

P.Prema Chary Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2025)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE NAMAVARAPU RAJESHWAR RAO

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WRIT PETITION NO: 771 2 0F 2024

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Between:

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Chief Executive (M), Bhadradri

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F. Kothagudem dlii8$r [iistrict"?",otT^{&i[:*,33i.0i;} [%1li;8,ii;

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K. Venkateswarlu. S/o. Narsimha B.r.g,_gn"O 50 years. Occ. Slaff Assistant pACS Berhampudi (V), Tekutaparty lrr/lf 'errZoiaii (Jinasuoem orstrict

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Banoth Hussain. S/o Kotia . Aged 35 years occ. Staff Assistant pACS B e tha m p ud i (v) Te ku tapa I I y ( M ) a-n a o raa ri kiiii"a si"d"; m o i s r ric t

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Banoth Heeralal. S/o Hariya Aged 34 years occ. Staff Assistant pACS Bethampudi (v) Tekulapaly ('Mt aEaJr"dii (iiiiisJjlm orstrict

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Sd. Abdul khadar zilani. S/o. Abdul Azeez Aged 50 years occ. CEO pACS Cheda (v) and (M) BhadiadraKorhas;;iljfrfi ""

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...PETITIONERS

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AND

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1 ru;"','f,j:"%l;:Tfl 3l?&"i*iJ,.:?,",-[fr?%li"crerary,cooperarionand

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2 Telangana State Cooperative Apex gank Ltd., (State Govt. partnered scheduted Bank) Trobp aa.ar, i:ryoeraoid-; hil";; ili/anasing Direcror

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3 The Diskict g:ooperative Central Bank Ltd., Khammam rep. by its Chief Executive Officer.

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...RESPONDENTS

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Petition under Nticre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit rireo it eiewitrr, the High court may be pleased to issue a writ order or.direcrion ,or" pr.ti.rt..ry one in the nature of writ of mandamus, declarino the action of tne responJent, , no, consrdering the cases of the petitioners in e-xising vacancies available rn terms of 250/o reservation earmarked for the pACS Staff as illegal, arbitraiy, un,ust, o,scriminator, violative of Articles 14 and 16 of constitution "il"or" ""*3qJu'n",ly 0i."., the respondents to ::::ld^:l^,1"_:ase^{of.theperitioners to tre posioiiiatt Assistants} in the 25% vacancres earmarked in terms of G.O.Ms.No.i4 dated. iT.12.2022

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lA NO: 1 OF 2024

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Petition under Section 1 51 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^{petition, the High Court may be pleased to direct} the respondents to consider the^{representationdated. 04.03.2024 submittedby} the^petitioner for appointment^{to the post of Staff Assistant in the 25% earmarked} for PACS Staff in terms of G.O.Ms.No.44,^{daled. 17.12.2022in the existing} vacancies^pending disposal of the^{above writpetition}

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Counsel for the Petitioner:^{SRl. VENKATESHVARLU GUMMADAVELLY}

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Counsel for the Respondent^{Nos.1&2:GP FOR SERVICESlll}

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Counsel for the Respondent No.3: SRI SRINIVAS^POLAVARAPU

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE^{NAIUAVARAPURAJESI{WAR RAO}

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WRIT PETITION No.77l2 of²⁰²⁴

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ORDER:

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Heard Sri Venkateswarlu Gummadavelly,^{learned counsel} for the petitioners, learned^{Government Pleader for Services lll.} appearing for the respondent^Nos. I^{and 2 and Sri Srinivas} Polavarapu, learned counsel for^{the respondentNo.3.}

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Learned counsel for the petitiollers^{sltbmits th2li} petitioners are working as CEO and Staff^{Assistat'tsrtndet'} control of respondents w.e.f. 1994,^2OO9 ,^{20 I 3arrd 199'-)} respectively and the petitioners are fully^{cligibleaDd t:ntiticc[ fot-} consideration their cases on regular basis^{as Stafl-Assistant} posts in the 25ok of the posts earmarked tn^{fervoutrol- erripl,:', ct:';} of PACS. While so, a recruitment notification^{date rl 19 0 -) 202-l} issued b1, the MD, consequential recruitrncllt^{t I rl t i [i <::t t i r.' : ', uzt-'} issued by the CEO dated 19.02.2022.^{H<>tcvct. thtsrliti} notificzrtions were issued without earmarkingi^{tl-rc )5' ,' tti} '-:tcalttt posts for the employees working in the Prirnau^{Agr-ir':-rltutrzrl} Coopcrative Societies, thereby deprivir-rg rhc^{rtl si:.rvi('.'} carndidatcs of PACS for the post of^'Staff Assistatrts.^Agl].ricve(i b-r' the same, they approached this Court scekirrq^{clircctiotrtt,}

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respondents to undertake the recruitment by earmarking 25o/n of the posts of Staff Assistants for the staff working in the afhliat.ed PACS and also by providing necessary age relaxations.

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[-earned counsel for the petitioners further submits that ,,vhile stood thus, the State Government has issued G.O.,1s.no.4.1 Agriculture & Cooperation (Coop.-II) Department, clated I7 .12.2022^"ur.riform home resources policy of the pACS Emplor ees etc." and as per the orders, the Government has proviclccl^"Career Pzrth lor PACS Staff as arrd when the DCCBs take up direct recrurtment to fill up Staff Assistant (Category V) i'acarrcies. emplo-r'ees oi PACS shall be eligible to participate in rhe selc<'tion sulr-;ccr to meeting eligibility conditions and 2St'1, r,f sri,:h dircct recruitment vacancies in category-V shall be r-cse r, ('(l to be filled rrp b-r' emplovees of PACS. Age relaxation ior I']ACS ernplorc.r's lor having put up service in pACS shall bc cleciclccl b-" thc Statc l,evel Empowered Committee (SLEC).

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'1. [,t-arnc'd cr.rLrnscl for the respondent No.3 submits that ,';rrlit r'. thc petitiont:r's liled W.P.No.11329 of 2022 and this (,'ourr lrirssed Interirn C)rders in l.A.No.01 of 2022 as under:

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"Pcrrli rl frtflltcr ordt:rs, tLLe respondent Nos.2 and

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,:] ttre tltr<<t<tl to re(..tiue the applications from the

petttioners for the post of Staff Assisranr, pursuant to the Notiftcation dated 19.02.2022."

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In pursuance to the Notification issued on I9.O2.2O22, all^the petitioners appeared for the Written Examination conducted b' IBPS. However, the Petitioners could not get through the Written Examination and were not qualified for appointtncnt a:; Staff Assistants. All the Posts were filled up subsequent to the earlier Recruitment Notification. The Government issueci G.O.Ms.No.44, Agriculture Co-operation (COOP II) Departmeni dated l7 .12.2022 whereunder the Government issued unifornr Human Resource Policy to the PACS Employees. As per Rr-rle ,\ of thc Policv, 25(X, Quota was reserved in Category-V Post of th,-DCCBs to thc PACS Staff. Several guidelines u,ere also lr';rnrcri prcscritring the qualihcation to the post and the manncr^(,'1 recruitment process was also specified. The age limit \ ill^l), dccided b-r'thc State l,evel Empowered Committee (SLEC). Aitt'r' framing the Human Resource Policy, no recruitmcnt notil-ir irtior: rras rssucd bv the Bank.

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Per contra, tearned counsel for the petitioners bror-rrlrt t,, thc notice ol this Court point No.8(3) of G.O.Ms.No-4-1. rr hit'l; reads as urrdcr

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(3) Corcer Path for pACS Staff: As and u..hen the DCCBs tah-e up direct recrurtment to fill up staff Assrslnrrl (Category-V) uacancies emplottees of pACS shall bc: eligible to porticipate in. the selection subject to meetinq etigibilitu cond.tions. 25% of such d.irect recruittnent uacancies in category V sha be reserued to be filled up bg emploqees o/ PACS. Age relaxation for PA( s ent1 .tt1t.e: for hau Lg put up seru[ce in pACS shall b<: tlctvle,cl bg SLE{..

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Accordingly, pravccl to allou, the Writ petition.

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Having regard to thc submissions made by the learned counsel for the rcspective parties, this Court without going into the merits of thc casc. direct the respondent authorities that in future, if thcr issue an-. nottfication, they shall permit the petitioners to participate in the selection in view of the above G.O.Ms.No..1-1. iI th<,r. :rre other\.isc etigible lor the said posts.

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T Accordi.grr'. rh(. writ petitirr-r is crisposed of. No order as to costs.

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As a seclr-rcl. rniscellancous applications pending, if any, in this Writ Petition. sltall stand closccl.

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SD/.S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// /,t SECTI6N OFFICER

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To,

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1 T.he Principal secretary, cooperation and Agricurture Department, secretariat, Hyderabad

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2 The.tVlanaging Drrector, Telangana State Cooperative Apex Bank Ltd.. (State Govt. Partnered Scheduted Ba"nk1 Troop Aaza'r, Hydera6ad_i-"'-'-'' '-'*'"

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J Jf :li:LExecurive^{Officsr, Dislrict Cooperative Centrat Bank Ltd.,} Knammam

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4 One CC to SRl. VENKATESHVARLU GUTMIVADAVELLy Advocate IOPUCI

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One CC to SRt SR|N|VAS POLAVARAPU Advocate tOpUCl

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TworCCs to Gp FOR SERVICES Hl ,High Court forthe State of Telangana

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,*o CD Copies

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^^ J . G P (p

HIGH COURT

DATED:18 tO2t2O2S

ORDER

WP.No.7712 of 2024

1HE -i
(
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10 JUL 206
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...
* *
PATC.

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DISPOSING OF THE WRIT PETITION WTHOUT COSTS hw

P.Prema Chary v. The State of Telangana

Case brief

What is this about?

What did the court decide?

P.Prema Chary v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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