IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRD DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos :28512 of 1997 and 11891 of 1998 W.P.No.28512 of 1997: Between: AP Dairy Development Corporation Staff & Workers Union, Lalpet, Hyd. rep by its General Secretary,Sri Ch Prabhakara bearing Registration No. B-22, Lalapet, Hyderabad.--17 ..... PETITIONER AND 1 The Additional Cheif Secretary to Government., Finance & Planning Dept., Govt. of A.P., Secretariat, Hyderabad. 2 The Secretary to Government., Animal Husbandry, Fisheries & Dairy Dept., Government of A.P., Secretariat, Hyderabad. 3 The Managing Director, Andhra Pradesh Dairy Development CooperativeFederation Ltd. Lalpet, Hyderabad--17 .....RESPONDENTS 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 call for the records from respondents and issue an appropriate writ, order or direction, particularly one in the nature of writ of mandamus, declaring that the action of the respondents in ordering recovery of the arrears paid to the members of the petitioner Union, numbering 30 consequent to the Revised pay scales, 1986 as illegal, unjust, contrary to law, in violation of principles of natural justice, discriminatory and violative of Art.14, 16 and 21 of the Constitution of India and grant all consequential benefits; and pass such other order or orders as deemed fit and proper under the circumstances of the case. Counsel for the Petitioner: MR. A.K.JAYAPRAKASH RAO Counsel for the Respondents: GP FOR FINANCE & PLANNING W.P.No.11891 of 1998 Between: 1) K. Venkataiah, S/o Naarasaiah, aged 48 years, code No.1651/1461, Dairy Assistant. 2) B. Pochaiah, S/o Ramaswamy, aged 53 years, Dairy clerk, Code No.1881/2020. 3) Syed Bashir Ahmed, S/o Syed Hussain, aged 51 years, Code No.1287/822, Operator cum Clerk. 4) Munawar Ali, S/o Hakim Shaik Ali, 49 years, office attender, Code No.2255/1117. 5) T. Veerareddy, S/o late Ramireddy, 46 years, office clerk, Code No.2419/1195. 6) B. Sivasuri Babu, S/o Venkataramaiah, 48 years, Dairy assistant, 17914/4608. 7) R. Kalidas, S/o late Chandraiah, 53 years, plant operator, code No.1369/1054. 8) Smt. Vajramma, W/o Balayya, 45 years, sweeper, Code No.1410. 9) J. Nagabhushanam, S/o Pitchaiah, 45 years, dairy assistant, code No.18315/4707. 10) B. Narasimha Reddy, S/o Ram Reddi, aged 44 years, plant operator, code No.1399/1242. 11) D. Balakrishna, S/o Kistaiah, aged 38 years, dairy assistant, code No.1792/2033. 12) K. Narasaiah, S/o Bhoomaiah, 43 years, dairy assistant, code No.1342/1373. 13) P. Mallaiah, S/o Lingayya, 48 years, dairy assistant, code No.1412/1058. 14) Ramdas, S/o Maheswar, aged 49 years, dairy assistant, code No.1535/1329. 15) P. Sreenivasarao, S/o Anantharamayya, 46 years, field helper, code No.2489/1342. 16) B. Venkataiah, S/o Mallaiah, 44 years, Typist, code No.1401/1245. (all the petitioners are residents of Lalapet, Hyderabad, working in 4th respondent Federation). ..... PETITIONERS AND 1) The Addl. Chief Secretary to Government, Finance & Planing (FW,PRC,I) Department, Government of A.P., Secretariat, Hyderabad. 2) The Secretaryto Government, Animal Husbandary, Fisheries & Dairy Development Department, Government of A.P., Secretariat, Hyderabad. 3) The Managing Director, A.P. Diary Development Cooperative Federation Limited, Lalapet, Hyderabad-17. 4) The General Manager, A.P. Dairy Development Cooperative Federation Ltd., Lalapet, Milk Products Factory, Hyderabad. .....RESPONDENTS 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 call for the records from the respondents and issue an appropriate writ, order or direction particularly one in the nature of writ of mandamus declaring the action of the respondents in issuing the proceedings No.450/A10/GM/93 dated 19.2.1998, proceedings No.1410/A12/GM/98 dated 11.3.1998, proceedings No.6904/A5/GM/95, No.450/A/10/GM/97-98, proceedings No.6904/A5/GM/95 dated 12.3.1998, proceedings No.7096/A3/GM/Vol.I dated 17.3.1998, proceedings No.227/A6/GM/94 dated 19.3.1998 reducing the pay of petitioners by one incremental stage without giving any opportunity as illegal, unjust, contrary to law, in violation of the principles of natural justice, arbitrary, discriminatory and violative of Articles 14, 16 and 21 of the Constitution of India and grant all consequential benefits. Counsel for the Petitioners: MR.A.K.JAYAPRAKASH RAO Counsel for the Respondents: GP FOR FINANCE & PLANNING The Court made the following : COMMON ORDER: When both the matters are taken up for hearing, the learned counsel for the petitioners represented that he has no instructions from the petitioners. In view of the submission of the learned counsel for the petitioners, both the Writ Petitions are dismissed. No costs. __________________________ GOPALA KRISHNA TAMADA, J Date: 03.06.2009. CBS HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION Nos. 28512 of 1997 and 11891 of 1998 (Dismissed ) Date:03.06.2009 CBS