\ IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 25118 OF 2012 Between: Dasari Radha Krishna, S/o.Sri Rama Murthy. Hindu, aged 64 years. Retired Secretary, R/o.Modi Village, H/o.Mutyalapalli, Mogalturu Mandal, West Godavari District. ...PETITIONER AND The District Cooperative Officer, Eluru, Eluru District, West Godavari District. The Divisional Cooperative Officer, Bhimavaram, Bhimavaram Town, West Godavari District. The Sub-Divisional Cooperative Officer, Bhimavaram, Bhimavaram Town, West Godavari District. L.G.Padu Primary Agricultural Credit, Cooperative Society Ltd., rep by its Person-in-charge. L.G.Padu. Bhimavaram Mandal, West Godavari District. 1. 2. 3. 4. ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring that the action of the Respondents in not paying the arrears of salary of Rs.2,03,992/- from 01-01-2002 to 31-07-2005 i.e., for 43 months @ Rs.4,744/- to the Petitioner is illegal, irregular, arbitrary, un-constitutional, against to the orders, circulars and also against to the orders in W.P.M.P.No.32962/2000 in W.P.No.25871/2000 on the file of this Hon'ble Court and against to the articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Respondents to pay arrears of salary of Rs.2,03,992/-. l A. NO: 1 OF 2012fWPMP. NO: 32030 OF 2012) Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to pay arrears of salary of Rs.2,03,992/- forthwith to the Petitioner pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI DASARI.S.V.V.S.V.PRASAD Counsel for the Respondent Nos. 1 to 3: GP FOR CO-OPERATION Counsel for the Respondent no.4: SRI K.V.L.NARASIMHA RAO The Court made the following: ORDER APHC010654122012 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.25118 OF 2012 Between: ...Petitioner Dasari Radha Krishna AND The District Cooperative Officer Eluru, Eluru District, West Godavari District and 3 others. ...Respondents Counsel for the Petitioner: Sri Dasari S.V.V.S.V. Prasad Counsel for the Respondents: Ld. Govt. Pleader for Co-operation The Court made the following order: 1. The petitioner is aggrieved by the denial of arrears of salary Rs.2,03,992/- for the period from 01.01.2002 to 31.07.2005. learned counsel for the petitioner submits that the petitioner worked as a Secretary of the L.G.Padu Primary Agricultural Credit Cooperative Society Ltd., 4*^ respondent 2. The -2- W.P. No.25118 of 2012 herein and was initially drawing monthly salary Rs.5,597.70 ps. The State Government issued a Memo bearing No.5661, dated 14.10.2991, directing all Societies to pay salaries in the scale of 1640-4595. The Societies have implemented the said Memo, which resulted in the payment of salaries to all the Secretaries at the new scale fixed by the State Government. The 4**^ respondent Society did not extend the Memo to the petitioner. As such, the petitioner and 14 other employees of various credit cooperative societies filed W.P. 25871 of 2000, and this Court, in W.P.M.P. No.32962 of 2000, vide order, dated 23.04.2001, granted interim direction as prayed for. The petitioners therein prayed for extending the benefit of implementing the new scale of Rs. 1640-4595 in terms of the Government Memo No.5661 dated 14.10.1991. 3. The learned counsel for the petitioner submits that, the petitioner would be entitled for Rs. 10,340/- per month, the 4^^ respondent, in compliance with the directions of this Court, has paid the said amount to the petitioner for a very -3- W.P. No.25118 of 2012 from 23.04.2001 to 31.12.2001. respondent, without assigning any has started paying the petitioner an amount of Rs.5,597/- per month. The petitioner has attained the age of superannuation and has been requesting the 4 respondent to release the balance outstanding salary. limited period, i.e. th Thereafter, the 4 reason. th 4. Respondents 1 to 3 have filed their counter, it is stated in the counter that the 4'^ respondent society has financial autonomy insofar as the financial and administrative affairs of the Society are concerned. 5. The 4^^ respondent, in its counter, stated that the petitioner has colluded with the then President of the Society and forged the resolution, dated 09.05.2001, stating that his enhanced to Rs.10,341/- and that the said salary was amount was paid for some time. It is further stated that an enquiry was conducted in this regard and that the petitioner was also placed under suspension. After a detailed enquiry, the petitioner was reinstated and his salary was re-fixed as Rs.5,597/- as per the resolution, dated 14.08.2002. It is -4- W.P. No.25118 of 2012 also stated in the counter that this Court dismissed W.P. No.25871 of 2001 vide order dated 23.04.2001. It is submitted that the petitioner has suppressed the said fact. It is also submitted that the 4**^ respondent Society is running in loss, and as such, Section 116 of the Cooperative Societies Act would entitle the 4*^ respondent to adjust the salaries payable to the staff to match the financial status of the society. It is further submitted that the petitioner ought to have approached the 1®* respondent for adjudication of his grievance and that the writ petition is not maintainable. 6. Considering the submissions of the learned counsel for the petitioner and after perusing the record, the 4*^ respondent has stated that the petitioner, in collusion with the President, forged the resolution, dated 09.04.2001, enhancing the salary Rs. 10,341/-. The said stand is evidently not in consonance with the directions passed by this Court in W.P. No.25871 of 2000. This Court, while considering W.P.M.P. No.32962 of 2000, directed the respondents therein to extend the pay scale in terms of Memo No.5661, dated 14.10.1991. The 4**^ respondent has evidently implemented -5- W.P. No.25118 of 2012 the interim directions passed by this Court. However, the 4*^ respondent appears to have withdrawn the extension of the benefit of the above-referred G.O. soon after the writ petition was dismissed on merits. 7. Section 116C of the Andhra Pradesh Co-operative Societies Act. 1964 would empower the 4^^ respondent society to fix the staffing pattern, qualifications, pay scales, and other allowances for its employees with the prior approval of the Registrar of Cooperative Societies, subject to the condition that the expenditure towards pay and allowances of the employees shall not exceed 2% of the working capital or 30% of the gross profit. The 2"^^ respondent addressed the proceedings, dated 28.06.2001, to the 4*^ respondent to extend the benefits of the Memo referred to above and to implement the interim directions of this Court passed in W.P. M.P. No.32962 of 2000 pending disposal of the writ petition. It is evident that the 4*^ respondent has extended the pay scale as per the proceedings of the 2"^^ respondent and also in pursuance of the directions of this Court. -6- W.P. No.25118of 2012 8. The W.P. No.25871 of 2000 was dismissed denying the benefit of the Government Memo bearing No.5661, dated 14.10.1991, and the order has attained finality and hence, the grievance of the petitioner cannot be adjudicated by this Court and a direction for releasing the salary of the petitioner cannot be granted. 9. Accordingly, the writ petition is dismissed without costs. 10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/- N. NAG/^A ASSISTANT REGjSfRAR //TRUE COPY// SECTION OFFICER To, 1. One CC to Sri Dasari.S.V.V.S.V.Prasad, Advocate [OPUC] 2. Two CCs to GP for Co-operation, High Court of Andhra Pradesh. [OUT] 3. One CC to Sri K.V.L.Narasimha Rao, Advocate [OPUC] 4. Three CD Copies. gi / / HIGH COURT DATED:13/02/2025 ORDER WP.No.25118 of 2012 4 \ ^ DISMISSING THE WRIT PETITION WITHOUT COSTS