Godavarthi Suryanarayana Chowdary v. The Dist Co-Op Officer

HONB'E JUSTICE CHALLA KODANDARAM WRIT PETITION No.4802 OF 2008 ORDER:

The letter dated 06.02.2008 addressed by the 2nd respondent to the President and Managing Committee of the 3rd respondent-society is challenged before this Court.

It is the case of the petitioner that pursuant to the resolution dated 01.02.2008 of the 3rd respondent- Society, the petitioner was appointed as a Secretary on even date. Now, it is by virtue of the impugned letter dated 6.2.2008 wherein, the 2nd respondent recommended the appointment of the 4th respondent, petitioner apprehends that he would be removed notwithstanding the fact that the petitioner is fully qualified and the 4th respondent not being qualified merely on account of the seniority of the 4th respondent.

On the other hand, learned counsel for the 4th respondent submits that what all has been stated by the 2nd respondent is only to consider the case of the petitioner that at any rate it is for the Managing Committee of the society to take into consideration of the various aspects including the aspects with respect to qualifications, experience, utility etc. and the writ petition itself is premature and liable to be dismissed. Having considered the submissions made by the respective parties and a careful reading of the letter dated 06.02.2008, does not indicate that there is any clear direction by the 2nd respondent to the 3rd respondent-society to appoint the 4th respondent as a Secretary. The contents of the letter dated 06.02.2008, cannot be read as a direction issued by the 2nd respondent.

While so, I am also inclined to accept the arguments of the learned counsel for the petitioner that the aspect with respect to the service conditions etc. It is an exclusive prerogative of the society to take a decision.

respondent-society to consider the respective qualifications with respect to appointment otherwise of the Secretary, the writ petition is closed. Accordingly, the writ petition is allowed setting aside the letter dated 06.02.2008 addressed by the 2nd respondent to the President and Managing Committee of the 3rd respondent-society. No order as to costs. Miscellaneous petitions, if any pending in this writ petition shall stand closed.

_____________________________ CHALLA KODANDA RAM,J Date:14.11.2016, Gk.

THE HONB'E JUSTICE CHALLA KODANDARAM WRIT PETITION No.4802 OF 2008 Date:14.11.2016 Gk