IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF NOVEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 26718 of 2003 Between: 1 N. Ramesh, S/o. Mohan Rao, Occ: Secretary Cheruvumadhavaram PACS G. Konduru Mandal, Krishna District. 2 K. Chanti Babu Rao, S/o. Lakshmaiah, Occ: Clerk Cheruvumadhavaram PACS G. Konduru Mandal, Krishna District. 3 E. Siva Naga Raju, S/o. Rama Rao, Occ: Clerk Sri Krishnananda PACS, Gurajada, Pamidimukkala Mandal, Krishna District. 4 R. Dhanalakshmi, D/o. Venkata Swamy, Occ: Clerk Sri Krishnananda PACS, Gurajada, Pamidimukkala Mandal, Krishna District. 5 K. China Basavaiah, S/o. Veerabhadra Rao, Occ: Attender Sri Krishnananda PACS, Gurajada, Pamidimukkala Mandal, Krishna District. 6 M. Bhaskhara Babu, S/o. Nancharaiah, Occ: Attender Seetharamapuram PACS, Bandaru Mandal, Krishna District. 7 I. Panduranga Rao, S/o. Ramakrishnaiah, Occ: clerk Tungalavaripalem PACS, Avanigadda Mandal, Krishna District. 8 K. Adiseshaiah, S/o. Raghavulu, Occ: Clerk Nelakuru PACS, Machilipatnam Mandal, Krishna District. 9 D. Srinivasa Rao, S/o. Venkata Appa Rao, Occ: Attender Gokavaram PACS, Bandaru Mandal, Krishna District. 10 G. Naga Seetharami Reddy, S/o. Rami Reddy, Occ: Clerk Gokavaram PACS, Bandaru Mandal, Krishna District. ... PETITIONERS AND 1 The Commissioner for Cooperation Government of A.P. Hyderabad. 2 The District Cooperative Officer, Krishna District at Machilipatnam. 3 The Divisional Cooperative Officer, Vijayawada, Krishna District. 4 The Divisional Cooperative Officer, Nuzvid, Krishna District. 5 The Divisional Cooperative Offficer, Machilipatnam, Krishna District. 6 The Cheruvumadhavaram PACS, S. Konduru (M), Krishna District rep.by its Chairman/PIC. 7 The Sri Krishnananda PACS, Gurajada, Padmidimukkala Mandal, Krishna District rep by its Chairman/PIC 8 The Seetharamapuram PACS, Bandaru Mandal, Krishna District.rep by its Chairman/PIC. 9 The Tugalavaripalem PACS, Avanigadda Mandal, Krishna District rep by is Chairman/PIC. 10 The Nelakurru PACS, Machilipatnam Mandal, Krishna District rep by is Chairman/PIC 11 The Gokavaram PACS, Bandaru Mandal, Krishna District rep by is Chairman/PIC ...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 a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the impugned action of the respondents 3 to 5 herein in issuing Proceedings Rc.No. 293/2003E. dated 27.1.2003, Proceedings Rc. No. 2944/98-C, dated 17.2.2003 and Proceedings Rc.No. 3012/2003-D. dated 5.2.2003 to the respondent societies to terminate the petitioners from service and the consequential action of the respondent societies in issuing proceedings dated 28.4.2003, 23.4.2003, 28.2.2003, 30.4.2003, 16.4.2003 and 29.4.2003 terminated the petitioners from service without any enquiry or opportunity as highly illegal, arbitrary and violative of Art. 14 and 21 of the Constitution of India apart from contrary to the judgment of the Hon'ble Supreme Court reported in 1988 AIR SCW 3186 (Basudeo Tiwary Vs. Sido Kanhu University) and consequently set aside the impugned proceedings Counsel for the Petitioners: MR.G.V.SHIVAJI Counsel for the Respondents 1 to 5: GP FOR COOPERATION Counsel for the Respondents 6 to 10: NONE APPEARED Counsel for the Respondent No.11: MR.A.RAVINDER The Court made the following order: ORDER: Petitioners question the circular instructions issued by the Cooperative Officers to terminate its employees who are appointed contrary to the amended mandatory provisions of Section 116 (C) of the Andhra Pradesh Cooperative Societies Act, 1964 (for short ‘the Act’). The circular instructions are not in any way against the rules and the Act. As held by this Court in WP.No.3171 of 2003 and batch dated 30.08.2004, an alternative remedy is available to the petitioners. Accordingly, the writ petition is dismissed with a liberty to the petitioners to file an appeal before an appropriate forum within a period of one month from the date of the receipt of a copy of this order. No costs. ______________ V. ESWARAIAH, J November 5, 2004 Dsk To 1 The Commissioner for Cooperation Government of A.P. Hyderabad. 2 The District Cooperative Officer, Krishna District at Machilipatnam. 3 The Divisional Cooperative Officer, Vijayawada, Krishna District. 4 The Divisional Cooperative Officer, Nuzvid, Krishna District. 5 The Divisional Cooperative Offficer, Machilipatnam, Krishna District. 6 Two CCs to GP For Cooperation, High Court Buildings, Hyderabad (OUT) 7 Two CD Copies.