IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P. No.1825 of 2004 Between: B.S.V.S.V.Prasad. … Petitioner And The Managing Director, A.P. Schedule Caste Service Cooperative Finance Corporation Limited, Masab Tank, Hyderabad and others. … Respondents THE HONOURABLE SRI JUSTICE G.CHANDRAIAH W.P. No.1825 of 2004 ORDER: This writ petition has been filed seeking for issuance of Writ of Mandamus declaring the action of the respondents in not paying the salaries from 01.08.2003 to till date, as illegal, arbitrary and unconstitutional and consequently direct the respondents to pay the salaries to the petitioner from 01.08.2003 to till date. The case of the petitioner, in brief, is that he was appointed as Assistant Engineer in the year 1985 in Guntur District Schedule Castes, Service Cooperative Society Limited. Subsequently, in the year 1988 the petitioner was transferred to Krishna District Scheduled Caste Service Cooperative Society Limited and from that day onwards he is working there. The 3rd respondent, District Scheduled Castes, Service Cooperative Society Limited, Krishna District, is the sister concern of the 1st respondent, A.P. Scheduled Caste Service Cooperative Finance Corporation Limited, Hyderabad. Though the petitioner is working in the 3rd respondent Society regularly, without assigning any reason, he was not being paid the salaries from 01.08.2003 to till date. It is further submitted that similarly situated persons under similar circumstances filed W.P. No.10538 of 2001 and the same was allowed on 28.12.2001 directing the respondents to pay the salaries of the employees therein within a period of eight weeks from the date of receipt of a copy of the order. Subsequently, the respondent authorities have filed writ appeal, wherein, the authorities were directed to pay the salaries to the respondents in the appeal. Having not complied with the said direction, the petitioners, in W.P. No.10538 of 2001, filed contempt and eventually the respondent authorities have complied with the orders passed by this Court. Therefore, the petitioner herein submits that he is also entitled to the similar relief. It is also submitted by the petitioner that he requested the authorities to pay the salaries, which are due to him from 01.08.2003 to till date but the respondent authorities have not taken any steps to consider his request. Therefore, he made a representation dated 10.01.2004 to the respondent authorities and the same is also pending before them. Hence, the present writ petition. Learned counsel for the respondent Corporation filed a memo wherein it is submitted that the Government of Andhra Pradesh has critically reviewed the functioning of various organizations involved in providing infrastructure facilities to the public through Welfare and Education Departments and felt it necessary to establish a separate Corporation. Therefore, a separate new corporations is established by name A.P. Education and Welfare Infrastructure Development Corporation Limited, A.P. Hyderabad vide G.O.Ms. No.107/Education (SE.Trg) Department, dated 30.08.2008 and approved for the transfer of the Social Welfare Engineering Wing to the newly established A.P. Education and Welfare Infrastructure Development Corporation Limited A.P. Hyderabad. In the interest of the organization and public, the Government took a decision to establish a new Corporation and transferred the entire Social Welfare Engineering wing along with assets without any changes. The Government issued G.O.Ms. No.198, Social Welfare (SCP.II.2) Department, dated 03.11.2008 to the staff of the Social Welfare Engineering Wing to report before the Managing Director A.P. Education and Welfare Infrastructure Development Corporation Limited, A.P. Hyderabad. Accordingly, vide office proceedings Rc.No.A7/13333/APSC/2008, dated 06.11.2008, directions have been issued to all the Superintending Engineers, Executive Engineers and Deputy Executive Engineers of Social Welfare Engineering Wing, to report along with other staff and assets before the Additional Secretary to Government, Education Department and Managing Director (FAC), A.P. Education and Welfare Infrastructure Development Corporation, Hyderabad with immediate effect. Accordingly, they have reported before the Managing Director A.P. Education and Welfare Infrastructure Development Corporation Limited, A.P. Hyderabad. As on today the staff of the then Engineering Wing, Hyderabad are working in the new Corporation, the petitioner is also working in the new Corporation and any orders passed in this writ petition could not be implemented by the respondent. The Managing Director of the A.P. Education and Welfare Infrastructure Development Corporation Limited, A.P. Hyderabad has to take necessary action in implementing the orders of this Court. In view of the above, it is submitted that the Managing Director of the A.P. Education and Welfare Infrastructure Development Corporation Limited A.P. Hyderabad is necessary and proper party to this writ petition to contest the case. In view of the above, the Managing Director of the A.P. Education and Welfare Infrastructure Development Corporation Limited A.P. Hyderabad is added as 4th respondent in the present writ petition. Heard the learned counsel and perused the material on record. The main grievance of the petitioner is that though he is working under the 3rd respondent Society regularly, he was not being paid salaries from 01.08.2003 to till date. From a perusal of the record, this Court on 03.02.2004, while issuing Rule nisi, passed interim direction to the 1st respondent to pay the salaries to the petitioner with effect from 01.08.2003 to till date forthwith, if he is otherwise eligible as per law. Though counter has been filed, nothing has been stated about the compliance of the said interim direction passed by this Court. Thereafter, a memo has been filed by the learned counsel for the respondent Corporation stating that the Government has issued G.O. Ms. No.107/Education (SE.Trg) Department, dated 30.08.2008 constituting A.P. Education and Welfare Infrastructure Development Corporation Limited, A.P. Hyderabad and the staff working in the Engineering Wing of the 1st respondent Corporation, including the petitioner, had been transferred to the 4th respondent, A.P. Education and Welfare Infrastructure Development Corporation Limited, A.P. Hyderabad, which has been impleaded having regard to the memo filed by the counsel for the respondent Corporation, and presently the petitioner is working in the new Corporation. Even in the said memo also, nothing has been averred whether the interim direction passed by this Court on 03.02.2004 has been complied with. Having regard to the facts and circumstances of the case and as it is a specific case of the petitioner that though he is discharging his duties, he has not been paid salaries from 01.08.2003 onwards and in the absence of any averment that the interim direction passed by this Court on 03.02.2004 has been complied with, I deem it appropriate to dispose of this writ petition making the interim direction passed by this Court on 03.02.2004 as final order in this writ petition. Accordingly, the respondents, including the 4th respondent, A.P. Education and Welfare Infrastructure Development Corporation Limited, A.P. Hyderabad, are directed to pay the salaries to the petitioner with effect from 01.08.2003 to till date, forthwith, if the petitioner is otherwise eligible as per law. With the above direction, this writ petition is disposed of. There shall be no order as to costs. ________________________ JUSTICE G.CHANDRAIAH Date: 10.02.2011 LSK