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

WEDNESDAY, THE TWENTY FIRST DAY OF FEBRUARY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI AND THE HON'BLE SRI JUSTICE NATTAVARAPU RAJESHWAR RAO

WRIT PETITION NO: 21685 OF 2003

Between:

The Nizamabad District Cooperative Societies Secretaries and Employees Union (Regd. No.A/1 152), Ranigadi, Near Gole Hanuman Ciowk, Nizamabad, Nizamabad Distiict represented by its President Sri Ch. Sitarama Rao.

,,PETITIONER/ PETITIONER

AND

• ¹ Government of Andhra Pradesh, Rep. by its Principal Secretary, Agriculture and Cooperation (Coop-lV) Department, Secretariat, Hyderabad.
• Government of Andhra Pradesh, Rep. by its Secretary, Law and Legislative Affairs Department, Secretariat, Hyderabad. 2
• The Commissioner for Cocperatic,n and Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad. 3
• Joint Registrar of Cooperative Societies/District Cooperative Officer, Nizamabad District, Nizamabad 4
• The District Cooperative Central Bank Limited, Nizamabad rep. by its General Manager. 5

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may. be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of writ of Mandamus declaring that the amended Rule 36 (B) of the A.P. Cooperative Societies Rules, 1964 contained in G.O Ms.No.199, dated 30.5.20A2 as u nconstitutiona I and ultravires of the provisions of the A.P. Cooperative Societies Act, 1964 and strike down the same and direct the respondents to forbear from terminating the services of the existing staff and

employees working in primary agricultural cooperative societies of Nizamabad District or reducing their emoluments and other service benefits for the alleged compliance of section 116 (c) (1) of the A.p. cooperative societies Act, 1964.

l.A. NO: ²0F 2003(wPMP. NO: ²⁷⁰⁷¹ oF 2003)

Petition undgr section i 5'1 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 respondents not to terminate the services of any of the existing staff and employees working in primary agricultural cooperative societies in Nizamabad District or reduce the salary and other benefits, which they are enjoying as on 31-3-2003 pending disposal of the above Writ petition.

l.A. NO: 3 OF 2003(wPMP. NO:30158 0F ²⁰⁰³¹

Petition under section 1s1 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pleased to direct the respondents herein to ensure regular payment of salaries and other benefits to the emproyees working in the primary agricurturar cooperative societies in Nizamabad District and not to resort to any coercive steps for having received their salaries

l.A. NO: 1 OF 2003(WVMp. NO: 3739 OF 2003)

Between:

The Distnct cooperative central Bank Limited, Nizamabad Rep. by its General Manager K S Jayasimha S/o Ramchandra Rao.

AND sth REspoNDENT

1. The Nizamabad Districl c_oopelative Societies secretaries and Emprovees Union 1Reg.d No tu.l 152),' Ranigadi, N;." - G;t"- Enir"n-"'6i6irr,, Nizamabad, Nizamabad District reprdsenied by its preiioeniSii cn. sniilin, Rao

... RESPONDENT/PETITIONER

• Government of Andhra pradesh. Reo. and Cooperation (Coop-lV) Departmdnt by its Principal Secretary, Agriculture Secretariat, Hyderabad.' 2.
• The Government of Andhra pradesh, Rep_ by its Secretary, Law and Legislative Affairs Department, Secretariat HyaeijnaA. 3
• ^H: fr" Egf"'l?: "rirl%,.S.";B *'rtio n a nd Res i stra r or c oo p e ra tive soc ieties, 4

Accordingly, order dated 21.06.2023 is confirmed.

SD/. B. SARAS THI ASSISTANT E RAR

//TRUE GOPY//

SE ON OFFICER

To,

• 1. The Principal Secretary, Agriculture and Cooperation (Coop-lV) Department, State of Telangana, Secretariat, Hyderabad.
• 2. The Secretary, Law and Legislative Affairs Department, State of Telangana, Secretariat, Hyderabad.
• 3. The Commissioner for Cooperation and Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad.
• 4. The Joint Registrar of Cooperative Societies/District Cooperative Officer, Nizamabad District, Nizamabad.
• 5. The General Manager, District Cooperative Central Bank Limited, Nizamabad.
• 6. One CC to SRI NANDIGAM KRISHNA RAO, Advocate [OPUC]
• 7. Two CCs to GP for Home, High Court for the Stale of Telangana at Hyderabad [OUT]
• B. Two CCs to GP for Cooperation, High Court for the State of Telangana at Hyderabad [OUT]
• 9. One CC to SRI T. DURGA REDDY, Advocate [OPUC]

10.Two CD Copies

I/IP IQ "l'r

HIGH COURT

DATED:21/02/2024

WP.No.21685 of 2003

RECALLING THE ORDER DATED 12.10.2022 & CONFIRMING THE ORDER DATED 21.06.2023