1 APHC010438932012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3310] THURSDAY ,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE K MANMADHA RAO WRIT PETITION NO: 28294/2012 Between: Malla Appalanaidu ...PETITIONER AND S Kota Primary Agricultural Cooperative Society and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. S SIVA PRASAD Counsel for the Respondent(S): 1. V UMA DEVI 2. GP FOR COOPERATION The Court made the following: ORDER : This writ petition is filed under Article 226 of the Constitution of India for the following relief: “…..to issue any order or direction writ or writs more particularly Writ of Mandamus declaring the action of the respondents in not paying the arrears of salary of the petitioner for the period from march 2003 to June 2005 as illegal, arbitrary and contrary to the rules and consequently direct the respondents to pay the interest on amount of arrears of salary to the petitioner for the period from march 2003 to June 2005 and pass such other order…” 2 2. Heard Sri S.Siva Prasad, learned counsel for the petitioner who appeared virtually through video conferencing and Sri A.Krishna Kishore, learned Assistant Government Pleader appearing for the respondents. 3. On hearing, learned counsel for the petitioner submits that the petitioner was appointed on 15-12-1979 as paid secretary by cadre Committee headed by the then Chairman of the District Cooperative central bank, Guntur and he was retired from service from 1st respondent society. He submits that the Government issued G.O.Ms.No.454, dated 13.9.1985. decaderising the Secretaries to the reorganized societies on abolition of common cadre system. He submits that, at the time of creating the post of Secretary, the Government started paying consolidated amount towards the salary without any monetary benefits and that the Government treated the post of Secretary working in PACS in equivalent to the post of Supervisor working in the District Cooperative Central Banks after taking into consideration of their qualifications and nature of duties. As such, the Government issued a Memo. No.5661/COOP.III/2/91-1, dated 14-10-1991 revising the pay scales of the secretaries on par with the supervisors working as Vth cadre in the District Co-Operative Central Bank. He further submits that the authorities restricted the societies for payment of salaries, to the staff of the societies, as per G.O.Ms.No.94 and G.O.Ms.No.226 and not allowed the secretaries to draw the salaries being paid on par with cadre V employees of the District Banks even though the above said GOs are issued to enable the Non-viable societies to raise the loans to meet the administrative cost of 3 the societies including the payment of salaries of the staff of the societies. He mainly contended that the respondent authorities have not paid the salaries to the petitioner for the period from March 2003 to June 2005, which is illegal and arbitrary. Therefore, learned counsel for the petitioner requests this Court to pass appropriate orders. 4. Per contra, learned Assistant Government Pleader submits that the respondents No.2,3 and 4 have filed counter affidavit. As per counter, at para 3 and 4, it is stated that, in letter Rc.No.1343/2012-C, dated 18-07-2012 the 3rd respondent addressed the President, S.Kota Primary Agricultural Cooperative Society Itd., S.Kota to take necessary action regarding payment of arrears of salaries, due by amounts and Gratuity as per the provisions of Andhra Pradesh Cooperative Societies Act & Rule and Byelaws of the society. He further submits that the society has to follow the G.O.Ms.No.308, Agriculture & Cooperation (Coop-VI), Department dated: 30.12.2006 with regard to salaries drawn in excess as mentioned above. He further submits that the Society has to take appropriate action in this regard and as such the Respondent 2 & 3, have no role to play in the same. Learned Assistant Government Pleader submits that as per the provisions of Section 115-D(2) (iv) of the APCS Act 1964, the Cooperative Credit Society shall have autonomy in all financial and internal administrative matters, subject to the guidelines issued by RBI/NABARD in the area relating to personnel policy, staffing, recruitment, posting and compensation to staff. Further, the statute provisions have not conferred any powers on the Respondents herein to 4 involve and play a role in the form of issue of dissection to the 1st Respondent Society in the issues relating to payment of salaries and retirement benefits of existing employees or retired employees of a Cooperative Credit Society. The Commissioner for Cooperation and Registrar of Cooperative Societies, Andhra Pradesh, Hyderabad vide circular memo RcNo.19121/2009/PC- 1,dt.29.08.2009 also reiterated the provisions of Section 115-D(2) (iv) of the APCS Act, 1964. Therefore, the Respondents herein are not ordained with regard to the payment. Learned Assistant Government Pleader also submits that the petitioner is not entitled to claim the amount from the respondent No.4 for the entire period of March 2003 to June 2005 as he is not in service with the respondent No.4 as alleged by him in the petition. 5. Having regard to facts and circumstances of the case and on considering the submissions of both the learned counsels, without touching the merits of the case, the 1st respondent is directed to consider the case of the petitioner in the light of Section 115-D(2)(iv) of the APCS Act, 1964, and pass appropriate orders in accordance with law within a periodof three (03) months from the date of receipt of a copy of this order. 6. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed. _________________________ DR. K. MANMADHA RAO, J. Date : 20-03-2025 5 HON’BLE DR. JUSTICE K. MANMADHA RAO WRIT PETITION No.28294 of 2012 Date : 20-03-2025 Gvl