Ch.Ramachander, Adilabad District v. G.M.Singareni Collieries Co.Ltd, Adilabad And 2

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI W.P.No.2126 OF 2004

ORDER

Heard Sri D.Linga Rao, learned counsel appearing for the petitioner and Sri K.Srinivasa Murthy, learned Standing Counsel appearing for the respondent-Singareni Collieries. The grievance of the petitioner is that the respondents had recovered excess amount than what he has availed as a loan from the 3rd respondent.

While admitting the writ petition on 6.2.2004, this Court in WPMP No.2807 of 2004 directed the respondents not to recover any amounts from the petitioner.

Learned counsel appearing for the petitioner submits that the petitioner has retired from service on attaining the age of superannuation and that the issue involved in this writ petition is squarely covered by the order of this Court in W.P.No.4242 of 1998, dated 4.11.2003.

Learned Standing Counsel appearing for the respondents submits that the petitioner is supposed to pay 38 instalments and that since the petitioner has failed to pay the said instalments, respondents 1 and 2 have issued the impugned proceedings to recover the amount from his salary. Having considered the rival submissions made by the learned counsel on either side, this Court is of the considered

view that this writ petition can be disposed of in terms of the order dated 4.11.2003 in WPMP No.4242 of 1998. Accordingly, the Writ Petition is disposed of in terms of the order dated 4.11.2003 in WPMP No.4242 of 1998, directing the respondents not to recover any amount from out of the salary of the petitioner in pursuance of the proceedings dated 30.6.2003 issued by the 3rd respondent. The 3rd respondent is at liberty to initiate action under the provisions of A.P. Co-operative Societies Act, if any amount is to be recovered from the petitioner. No costs.

Miscellaneous petitions, if any, pending shall stand closed.

________________________________ JUSTICE ABHINAND KUMAR SHAVILI 26th November, 2018 rkk