IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND EIGHT :PRESENT: THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NOs : 16385, 22696 of 2002 & 7725 of 2003 W.P.No.16385/2002: Between: 1 G.Rama Krishna Reddy, S/o. Velugonda Reddy, 2 K.V.Subba Rao, S/o. Venkateswarlu, 3 R.Bakkaiah, s/o.Obaiah, 4 S.I.Nayab Rasool, s/o.Bude Saheb 5 S.Sundara Rao s/o. Subbarayadu 6 V.Kameswara Sarma, s/o. Subrahmanya Sastry, 7 D.Subrahmanyam S/o. Bala Krishan Murthy 8 P.V.V.S.S.Udayasri. W/o. P.V.V.S.S.Balaji Rao, 9 Ch.Baakrishnaiah, s/o.Ankisetty 10 A.S.Ranga Nayakulu, s/o.Venkata Rangaiah, 11 Ch.Chinnaiah, s/o.Venkataiah 12 G.B.V.Satyanarayana, s/o.Srirangam, 13 B..Pitchi Reddy, s/o.Nagi Reddy 14 B.Venkateswarlu, s/o Venkateswarlu 15 C.Padma, C.V.Narayana Reddy, 16 S.K.Jani Basha s/o.T.S.Khajavali Saheb 17 S.K.Azeemunnsa Begum, s/o.Mahammed Khaasim, 18 S.K.Ameerbi, w/o Khajavali, 19 S.K.Mohammed Ismail, s/o.Mahaboob Saheb, 20 V.V.Konda Reddy, s/o.Narasa Reddy, 21 G.Gandhi s/o.Konda Reddy, 22 G.Israel, s/o.Josuff, 23 G.Rajeswari w/o.G.M.Victor, 24 A.Sobha Devi, w/o. G.Moseh, 25 B.Yogaiah, S/o.Ramalingaiah, 26 Y.Sreenivasa Rao, s/o. Vemaiah 27 K.Venkataiah, S/o.Kondaiah, 28 Ch.Venkateswarlu, s/o.Venkata Subbaiah, 29 G.Ranga Babu, s/o.Bala Rangaiah, 30 N.Guru Swamy, s/o.Guravaiah, 31 P.Malakondaiah, s/o.Lakshmi Narasaiah, 32 P.Venkateswarlu, s/o.Subbarayudu, 33 T.Venkatakondaiah, s/o Krishna Reddy, 34 V.C.Rama Sastry s/o V.C.Rathanaiah, 35 P.Naraiah, s/o.Venkataiah, 36 D.Subba Reddy, s/o.Venkata Reddy, 37 S.Sasidhara Reddy s/o. Venkata Reddy, 38 D.Musala Reddy s/o.Venkata Ramaiah, 39 S.Venkatewarlu, s/o.Ramaiah 40 T.Venkatsubbaiah, s/o.Subbarayudu 41 S.C.Chavadaiah, s/o.Ramaiah, 42 D.Venkata Subbaiah, s/o. Venkataiah, 43 M.Konaiah, s/o.Ramaiah, 44 D.Anantha Reddy, s/o.Velugondaiah, 45 M.Venkata Reddy, s/o. Venkataiah, 46 A.Yelamanda, S/o.Kotaiah, -2- 47 K.Chennaiah, s/o.Pedda Kesaiah, 48 Y.Rosaiah, s/o.Mala Kondaiah, 49 K.Jayarami Reddy, s/o. Gurava Reddy, 50 D.Vijaya Lakshmi, W/o.Ramesh Reddy, 51 K.Vanaja Kumari , W/o.K.Jayarami Reddy, 52 I.Sailaja, W/o.Ravindra Reddy, 53 K.Ravindra Reddy, s/o.Thirupathi Reddy, 54 K.Manohara Reddy, s/o.Thirupathi Reddy, 55 S.Rosaiah, s/o.Thirupathi Reddy, 56 R.M.V.L. Narasmha Rao, s/o.Narasimhaiah, 57 L.Sudhakara Rao, s/o.K.V.Ramanaiah, 58 T.Narayana, s/o.Pitchaiah, 59 N.Mary Vasantha Kumari, W/o.K.David 60 K.Aruna Kumari, W/o.G.Venkateswara Reddy, ..... PETITIONERS AND 1 State Bank of India, rep. by its Manager, Kanigiri Branch, Prakasam District.523230. 2 State Bank of India, rep. by its Regional Manager, Regional Office, Tirupathi, Chittoor Dist., 3 State Bank of India, rep. by its General Manager, Hyderabd, A.P. 4 The District .Collector, Ongole, Prakasam District-523230 5 The District Educational Officer, Ongole, Prakasam Dist.523230 6 The Director of School Education, Andhra Pradesh, Directorate of School Education, Hyderabad. 7 The Sub-Treasurer Officer, Kanigiri, Prakasam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue appropriate writ order or orders and more particularly in the nature of writ of mandamus declaring the action of the first respondent in collecting service charges from each of the petitioner every month for crediting the amount of salary in their respective accounts, eventhough the sixth respondent send one bill i.e., one instrument for all the petitioners to the first respondent and who inturn collects the same bill from the seventh respondent whose office is situated locally at the same place, as illegal, arbitrary, against to law and justice against to the Government Orders and much against to the legal and fundamental rights guaranteed under the Constitution of India and consequently direct the respondents not to collect service charges from each of the petitioner every month for crediting the amount of salary in their respective accounts and to pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case and in the interest of justice, equity and good conscience, otherwise the petitioners shall be put to grave and inexplicable hardship and injury. Counsel for the Petitioners : SRI PALIVELA SATYA RAJA BABU Counsel for the Respondents 5 & 6: G.P. FOR EDUCATION -3- W.P.No. 22696/2002: Between: 1. K. Subba Rao 2. P.Subrahmanya Sastry 3. G. Rama Rao 4. Y. Pattabhi 5. T. Subba Rao 6. M. Koteswara Rao 7. M. Prabhakar Reddy 8. G.V.L. Ajay Kumar Chowdary 9. Shaik Sattar Basha 10. P.V. Subba Rao 11. G. Lakshmi Nrayana Reddy 12. B. Purna Chandra Rao 13. K. Koteswara Rao 14. N. Nageswara Rao 15. K. Padmaja 16. P.Sitharama Sarma 17. D. Somaiah 18. Ch. Prabhakar Reddy 19. T. Rajasekhara Reddy 20. D.V. Subba Rao 21. S.K. Md. Khasim 22. M. Purnachandra Rao 23. P. Srinivasa Reddy 24. Sd. Jabbar Basha 25. K. Naga Brahmendra Swamy 26. N.Radha Krishna Murthy 27. O. Issac David 28. K. Krishna Reddy 29. Nandan Koteswara Rao 30. Babba Kajaiah 31. Shaik Abdul Khadar … PETITIONERS AND 1. State Bank of India, rep. by its Manager, Kandukur Branch, Prakasam District. A.P. 2. State Bank of India, rep. by its Regional Manager, Regional Office, Tirupathi, Chittoor Dist., 3. State Bank of India, rep. by its General Manager, Hyderabd, A.P. 4. The District Educational Officer, Ongole, Prakasam Dist.523230 5. The Sub-Treasurer Officer, Kandukur, Prakasam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue appropriate writ order or orders and more particularly in the nature of writ of mandamus declaring the action of the first respondent in collecting service charges from each of the petitioner every month for crediting the amount of salary in their respective accounts, even though the fourth respondent send one bill i.e., one instrument for all the petitioners to the first respondent and who inturn collects the same bill from the fifth respondent whose office is situated locally at the same place, as illegal, arbitrary, against to law and justice against to the Government Orders and much against to the legal -4- and fundamental rights guaranteed under the Constitution of India and consequently direct the respondents not to collect service charges from each of the petitioner every month for crediting the amount of salary in their respective accounts and to pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case and in the interest of justice, equity and good conscience, otherwise the petitioners shall be put to grave and inexplicable hardship and injury. Counsel for the Petitioners : SRI PALIVELA SATYA RAJA BABU Counsel for the Respondent No.4: G.P. FOR EDUCATION W.P.No. 7725/2003: 1. State Bank of India, rep. by its Manager, Giddalur Branch, Prakasam District.A.P. 2. State Bank of India, rep. by its Branch Manager, Komarole Branch, Prakadam District,A.P. 3. State Bank of India, rep.by its Regional Manager, Regional Office, Tirupathi, Chittoor Dist., 4. State Bank of India, rep. by its General Manager, Hyderabd, A.P. 5. The District .Collector, Ongole, Prakasam District-523230 6. The District Vocational Officer, Ongole, Prakasam Dist.523230 7. The Principal, Government Womens Degree College, Ongole, Prakasam District-523230. 8. The Sub-Treasurer Officer, Giddalur,, Prakasam District. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue appropriate writ order or orders and more particularly in the nature of writ of mandamus declaring the action of the first and 2nd respondents in collecting service charges from each of the petitioners every month for crediting the amount of salary in their respective accounts, even though the 8th respondent send one bill i.e., one instrument for the respective institutions of the petitioners to the 1st and 2nd respondents whose office is situated at Giddalur and Komarolu of Prakasam District at the local place, as illegal, arbitrary, against to law and justice, without having any authority any rule or regulations of the respondents 1 to 4, against to the Government Orders and much against to the legal and fundamental rights guaranteed under the Constitution of India and consequently direct the respondents not to collect service charges from each of the petitioners every month for crediting the amount of salary in their respective accounts and to pass such other order or orders as this Hon’ble court may deem fit and proper in the circumstances of the case and in the interest of justice, equity and good conscience, otherwise the petitioners shall be put to grave and inexplicable hardship and injury. Counsel for the Petitioners : SRI PALIVELA SATYA RAJA BABU Counsel for the Respondents 5 to 8: G.P. FOR EDUCATION THE COURT MADE THE FOLLOWING ORDER: I am of the opinion that the counter of the District Educational Officer, Ongole, Prakasam District, is required to resolve the controversy in the writ petition. Having regard to the facts and circumstances, the District Educational Officer is directed to file a counter within two (2) weeks from today, failing which he shall appear before this court on 09-07-2008. Post on 09-07-2008. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Manager, State Bank of India, Kanigiri Branch, Prakasam District.523230. 2. The Regional Manager,State Bank of India, Regional Office, Tirupathi, Chittoor Dist., 3. The General Manager, State Bank of India, Hyderabd, A.P. 4. The District .Collector, Ongole, Prakasam District-523230 5. The District Educational Officer, Ongole, Prakasam Dist.523230 6. The Director of School Education, Andhra Pradesh, Directorate of School Education, Hyderabad. 7. The Sub-Treasurer Officer, Kanigiri, Prakasam District. 8. The Branch Manager, State Bank of India, Kandukur Branch, Prakasam District, A.P. 9. The Sub-Treasurer Officer, Kandukur, Prakasam District. 10. The Branch Manager, State Bank of India, Giddalur Branch, Prakasam District, A.P. 11. The Branch Manager, State Bank of India, Komarole Branch, Prakasam District, A.P. 12. The District Vocational Officer, Ongole, Prakasam District.523230. 13. The Principal, Government Womens Degree College, Ongole, Prakasam District,A.P. 14. The Sub.Treasurer Officer, Giddalur, Prakasam District. 15. 2 CCs to the G.P. for Education, High court of A.P.Hyd. (BY SPL. MESSENGERZ) 16. One C.C.to Sri Palivela Satya Raja Babu, Advocate.(OPUC) 17. one spare copy. HIGH COURT VE.J DATED 25-6-2008 POST ON 9-07-2008 ORDER W.P.NOS. 16385, 22696 of 2002 and W.P.No. 7725 of 2003 DIRECTION Bsr Dt,. 27-6-2008 HIGH COURT VE.J DATED 25-6-2008 POST ON 9-07-2008 ORDER W.P.NOS. 16385, 22696 of 2002 and W.P.No. 7725 of 2003 DIRECTION