APHC010047362020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY, THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 2772/2020 Between: 1. S.JAGADEESHWARA RAO, S/O VENKATA APPA RAO, AGED ABOUT 32 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, VISAKHAPATNAM DISTRICT. 2. V.SIVA KUMAR,, S/O NAGESWARA RAO, AGED ABOUT 32 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, VISAKHAPATNAM DISTRICT. 3. B.L.V. NAIDU, . S/O NOOKU NAIDU, AGED ABOUT 30 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, VISAKHAPATNAM DISTRICT. 4. S.GOPI,, S/O SANNI BABU, AGED ABOUT 33 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, VISAKHAPATNAM DISTRICT. 5. B.VEERENDRA,, S/O SRINIVAS RAO, AGED ABOUT 27 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOC'ETY LTD., KASIMKOTA, VISAKHAPATNAM DISTRICT. 6. M.SAI SESHA., S/O VENKATA SATYANARAYANA, AGED ABOUT 35 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, 2 VISAKHAPATNAM DISTRICT. 7. M.DURGA PRASAD,, S/O ATCHILI NAIDU, AGED ABOUT 27 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, VISAKHAPATNAM DISTRICT. 8. J.V.LAKSHMAN KUMAR., S/O LATE SATYANARAYANA, AGED ABOUT 31 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI F URAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, VISAL.HAPATNAM DISTRICT. 9. G.ASHOK KUMAR., S/O APPA RAO, AGED ABOUT 30 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASHNKOTA, VISALHAPATNAM DISTRICT. 10. B.PRASAD., S/O NA .HA JAGADHEESWARA RAO, AGED ABOUT 30 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, VISAL.HAPATNAM DISTRICT. 11. S.VINOD KUMAR., S/O SRINIVAS, AGED ABOUT 26 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, VISAL.HAPATNAM DISTRICT. 12. G.MANOJ KUMAR., S/O SANJEEV, AGED ABOUT 23 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, VISAKHAPATNAM DISTRICT. 13. A.GOPALA KRISHNA., S/O SURI BABU, AGED ABOUT 27 YEARS, ASSISTANT PROJECT ENGINEER, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, VISAKHAPATNAM DISTRICT. ...PETITIONER(S) AND 1. THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD, KASIMKOTA, VISAKHAPATNAM DISTRICT, REP. BY ITS MANAGING DIRECTOR. 3 2. THE CHAIRMAN, THE ANAKAPALLI RURAL ELECTRIC COOPERATIVE SOCIETY LTD., KASIMKOTA, VISAKHAPATNAM DISTRICT, ...RESPONDENT(S): 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 toto issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not fixing the pay scales and not maintaining the service registers of the petitioners who are working as Assistant Project Engineers is in violation of Articles 14, 16, 21 and 39(d) of the Constitution of India and consequently direct the respondents to fix the pay scaleE on par with other employees who are working as Assistant Project Engineers with retrospective effect (since the date of joining) and to maintain the service registers of the petitioners and pass IA NO: 1 OF 2020 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 fix the pay scales and other allowances and to maintain the service registers of the petitioners pending disposal of the writ petition and pass IA NO: 2 OF 2020 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 vacate interim orders passed by this Honble Court in I.A No. 1 of 2020 in W.P No. 2772 of 2020 dated: 20.02.2020 and pass Counsel for the Petitioner(S): 1. C H MURALI KRISHNA Counsel for the Respondent(S): 1. NARAYANA 2. V V NARAYANA RAO The Court made the following: 4 ORDER: The writ petition is filed under Article 226 of Constitution of India to issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in not fixing the pay scales and not maintaining the service registers of the petitioners who are working as Assistant Project Engineers is in violation of Articles 14 16 21 and 39d of the Constitution of India and consequently direct the respondents to fix the pay scales on par with other employees who are working as Assistant Project Engineers with retrospective effect since the date of joining and to maintain the service registers of the petitioners 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader. 3. The case of the petitioners is that Respondent No.1 has been exempted from the operation of the provisions of Section 116(c)(1) of the Andhra Pradesh Cooperative Societies Act, 1964 for short ‘the Act’, by the Government of Andhra Pradesh by virtue of Section 123 of the Act. Therefore, approval from the Registrar of Cooperative Societies is not mandatory. Hence, Respondent No.1/Society is required to fix the salaries of the petitioners along with those of other similarly situated persons, as the petitioners were appointed as Assistant Project Engineers and were subsequently promoted as Deputy Project Engineers. However, the respondents have neither fixed their salaries nor maintained their service registers. Aggrieved by the said action, the present writ petition has been filed. 4. This Court passed interim orders on 20.02.2020, directing the respondents to fix the pay scales and other allowances and to maintain the 5 service registers of the petitioners till further orders. By virtue of the said interim orders, the respondents implemented the directions by fixing the pay scales along with D.A., H.R.A., and other allowances. 5. The respondents have filed a counter affidavit taking the specific stand that merely because exemption has been granted under Section 116 (c) of the Act, Respondent No.1/Society cannot regulate the salaries of the petitioners without prior approval of the Registrar of Cooperative Societies. In fact, Respondent No.1/Society has to pay the salaries in terms of Section 116(c) from the profits of the Society, and such payments are also subject to approval by the Registrar of Cooperative Societies. 6. Considering the said submissions, and in view of the fact that the respondents have already implemented the scales as directed by this Court vide order dated 20.02.2020, this writ petition is disposed of with a direction to Respondent No.1 to send a proposal to the Registrar of Cooperative Societies for approval, for further compliance with the interim orders, if any. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed. ___________________ JUSTICE D.RAMESH Date :12.03.2026 JLSR