KETHIREDDY JAGAN MOHAN REDDY Vs. STATE OF TELANGANA

JUDGEMENT

(1.) THE facts require to be considered in all these three writ petitions are identical and the issues involved for determination are also identical. Therefore, all the three writ petitions are disposed of by a common order.

(2.) THE petitioners were appointed as unofficial persons -in -charge under Section 32(7)(a) of A.P. Co -Operative Societies Act, 1964 (for short the APCS Act). Their term has been extended from time to time by virtue of the said provision and they claim to be holding the said posts on the dates of the filing of the writ petitions. Whereas, the respondents contention is that they have been replaced by the official respondents by virtue of G.O. Rt. No. 400 Agriculture and Co -Operation (Coop. I) Department, dated 31.05.2014 whereunder the official respondents were directed by the Government to appoint themselves as the persons -in -charge of the 5th respondent Union. The said G.O. Rt. No. 400 is impugned in these writ petitions stating it to be illegal, arbitrary, contrary to the provisions of the A.P.C.S. Act as well as the provisions of A.P. Reorganisation Act, 2014 (for short the APRO Act) and also in violation of the Article 14 of the Constitution of India.

(3.) SECTION 75 of the APRO Act, 2014 which came into effect from 02.06.2014 deals with continuance of facilities in certain State institutions. This provision lays down that the institutions specified in the Tenth Schedule of the Act, located in that State, shall continue to provide facilities to the people of the other State which shall not in any respect, be less favourable to such people than what were being provided to them before the appointed day, for such period and upon such terms and conditions as may be agreed upon between the two State Governments within a period of one year from the appointed day or, if no agreement is reached within the said period, as may be fixed by order of the Central Government. The A.P. Co -operative Union is included in the Tenth Schedule.