THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION Nos.16821 of 2009 and 16839 of 2011 Date:25.08.2011 WRIT PETITION No.16821 of 2009 Between: Telangana Class-IV Employees Central Association, Hyderabad Reptd by its President-K.Gangadhar ..... Petitioner AND The Secretary to Government, (Services & HRM) GA (SW-1) Department, Hyderabad And two others. .....Respondents Counsel for the Petitioner : Sri P.R.K.Amarendra Kumar Counsel for Respondents 1 & 2 : AGP for GAD Counsel for Respondent No.3: Sri V.Venkata Mayur AND WRIT PETITION No.16839 of 2011 Between: Telangana Class-IV Employees Central Association, Hyderabad Reptd by its President-K.Gangadhar ..... Petitioner AND The Secretary to Government, (Services & HRM) GA (SW-1) Department, Hyderabad And two others. .....Respondents Counsel for the Petitioner : Sri P.R.K.Amarendra Kumar Counsel for Respondents 1 & 2 : AGP for GAD Counsel for Respondent No.3: Sri V.Venkata Mayur The Court made the following: COMMON ORDER: Writ Petition No.16821 of 2009 was filed by Telangana Class-IV Employees Central Association represented by its purported President-K.Gangadhar for a mandamus to set aside the proceedings vide No.12344/SW-I-A2/2007-7, dated 29.05.2009, of respondent No.1, whereby he has rejected the request of the petitioner for sanction of Other Duty (for brevity “O.D.”) facility to him. Writ Petition No.16839 of 2011 was filed by the same petitioner for a mandamus to set aside G.O.Rt.No.1240, General Administration (SW-1), dated 22.03.2011, whereby respondent No.1 has conferred O.D.facility on respondent No.3 in the writ petition namely Sri G.Narasimhulu. The facts in brief are that Sri K.Gangadhar was elected as General Secretary of the petitioner-association in the elections held for the period from 2005 to 2008. The aggrieved parties have filed several O.Ps being O.P.No.605 of 2005 and batch in the Court of the learned III Additional Chief Judge, City Civil Court, Hyderabad, questioning the election of all the office bearers including that of K.Gangadhar under the provisions of A.P.Public Societies Registration Act, 2001. The said O.Ps were allowed by the Court by common order dated 07.06.2007 and the elections were set aside. Assailing the said orders, one K.Lingaiah filed C.R.P.No.4303 of 2007. In the said C.R.P., this Court has directed that the elections be held in accordance with law. In pursuance of the said direction of this Court, respondent No.1 has issued proceedings dated 13.11.2008 authorizing Sri K.Gangadhar to hold elections. The said order was however modified by letter dated 22.01.2009 whereby respondent No.1 has directed Sri S.K.Chand- respondent No.3 in Writ Petition No.16821 of 2009 to hold elections. It is the case of the petitioner that in pursuance of the authorization given to him vide letter dated 13.11.2008, the elections were held and the said fact was communicated by Election Officer vide his letter dated 02.03.2009, to respondent No.1 The contesting respondents in both these Writ Petitions have, however, taken the plea that in pursuance of letter, dated 22.01.2009, Sri S.K.Chand has conducted elections, whereby he has got elected as the President and some other persons were elected as other office bearers of the petitioner-association. It is their further case that on the eve of retirement of Sri S.K.Chand, Sri K.Narasimhulu- respondent No.3 in Writ Petition No.16839 of 2011 was co- opted as President in place of Sri S.K.Chand and proceedings to that effect were issued by the petitioner- association on 28.10.2010 by recognizing other office bearers such as Vice-President, Organizing Secretary and two Joint Secretaries. While rejecting the petitioner’s request for issuing O.D. facility, respondent No.1 in its detailed order, dated 29.05.2009, impugned in Writ Petition No.16821 of 2009, has mentioned the above facts. Obviously, as a sequel to the said proceedings, respondent No.1 has issued G.O.Rt.No.1240, dated 22.03.2011, whereby it has sanctioned O.D. facility in favour of Sri G.Narasimhulu-respondent No.3 in Writ Petition No.16839 of 2011. Sri K.Gangadhar-the petitioner who claimed to represent the association in both these Writ Petitions has not disputed the crucial and material facts namely that the letter, dated 13.11.2008, by which he was authorized to hold elections, was cancelled by letter, dated 22.01.2009; that Sri S.K.Chand, Ex-General Secretary was appointed in his place for conducting elections; that the association vide its proceedings, dated 28.10.2010 has co-opted Sri G.Narasimhulu as President in place of Sri S.K.Chand; and that the petitioner failed to question letter dated 22.01.2009, whereby the letter, dated 13.11.2008, authorizing him to hold elections was cancelled. In the face of these admitted facts, the plea of the petitioner that the election of office bearers as communicated by the Election Officer vide his letter, dated 02.03.2009, is recognized by respondent No.1 cannot be accepted. The petitioner failed to file any proceedings to show that the said communication, dated 02.03.2009, stated to have been sent by the purported Election Officer- Sri J.Ravinder Reddy was accepted by respondent No.1 by recognizing the purported elections of the office bearers headed by the petitioner as the President. On the contrary, with the cancellation of authorization issued to Sri K.Gangadhar, it cannot be said that he had authority to hold elections. In the light of the above facts, I do not find any illegality or improprietory in the two impugned orders, whereunder the request of the petitioner for sanctioning O.D. facility to him was rejected and respondent No.3 in Writ Petition No.16839 of 2011 was sanctioned O.D. facility. For the above mentioned reasons, both the Writ Petitions are dismissed. As a sequel to dismissal of the Writ Petitions, order, dated 18.12.2009, in W.P.M.P.No.22083 of 2009 is vacated and W.P.M.P.Nos.27269 of 2009, 25289 of 2010, 8936, 14741 and 20224 of 2011, filed by the petitioner seeking interim relief are dismissed as infructuous. __________________________ C.V.NAGARJUNA REDDY, J 25thAugust, 2011 DR