HON'BLE SRI JUSTICE C.V. NAGARJUNA REDDY W.P.No.29582 of 2014 Date : 30-10-2014 Between:
D. Prabhakar Rao .. Petitioner And The Government of Telangana, Represented by its Principal Secretary, Agriculture & Co-operation Department, Secretariat, Hyderabad and others .. Respondents Counsel for petitioner : Mohd. Asifuddin Counsel for respondent Nos.1 & 2 : Assistant Government Pleader for Co-operation Counsel for respondent No.3 : Sri Ch. Koteswara Rao The Court made the following :
ORDER:
This Writ Petition is filed for a mandamus to declare the action of the respondents in not disposing of the petitioner’s representation dated 7-8-2014 for appointing him as the advisor to respondent No.3- society as illegal and arbitrary.
Mohd. Asifuddin, learned Counsel for the petitioner submitted that when one Kethireddy Jagan Mohan Reddy was the Person-In- Charge of respondent No.3-society, the petitioner was appointed as his advisor and that after the said Person-In-Charge was replaced with respondent No.2, the petitioner’s service was discontinued. He has further submitted that the petitioner has made a detailed representation on 7-8-2014 to respondent No.2 to consider his request for his appointment as the advisor. The learned Counsel for the petitioner is, however, unable to rely upon any statutory provision under which an advisor can be appointed for a Person-In-Charge. In the absence of any such office recognised by the statute, I have a serious doubt as to how the petitioner could have been appointed as the advisor to the previous Person-In-Charge. At any rate, as the petitioner failed to show that the extant statute or the Bye Laws of respondent No.3 provide for the post of an advisor, no mandamus can be issued to respondent No.2 to consider his request.
For the above mentioned reasons, the Writ Petition is dismissed.
As a sequel to the dismissal of the Writ Petition, WPMP No.36957 of 2013 filed for interim relief is disposed of as infructuous.
Justice C.V. Nagarjuna Reddy Date : 30-10-2014 AM