GUNTUR DISTRICT CO OPERATIVE CENTRAL BANK EMPLOYEES ASSOCIATION TENALI Vs. GENERAL MANAGER THE GUNTUR DISTRICT CO OPERATIVE CENTRAL BANK LIMITED TENALI

JUDGEMENT

(1.) The Guntur District Co-operative Central Bank Employees' Association is the petitioner in this matter. The writ has been filed for the issuance of a writ of mandamus to declare the proceedings Rc.No. 141791/79/C1 dated 8-1-1980 of the Registrar of Co- operative Societies as illegal and inoperative inasmuch as they are not in confirmity with the G.O.MS.NO. 469 dated 18-6-1977 and G.O.Ms.No. 943 dated 27-9-1976 ; (ii) compelling the respondents to treat the family planning incentive increments to be included in the basic pay; (iii) to grant consequential benefits of difference in pay and allowances and other fringe benefits; and (iv) to grant such other relief.

(2.) Sri Jogayya Sarma the learned counsel for the petitioner has submitted that the Government of Andhra Pradesh issued G.6.Ms.No. 943, M&H Department dated 27-9-1976 giving directions for incentives to be given for persons who adopt the family planning programmes. The employees having two or less children will be entitled to the incentives if either of the spouses undergoes a sterlisation operation, the advance increments are to be given from the date of sterilisation. The Registrar of Co-operative Societies issued Memo No. 402/D.2/78 M&H, dated 5-5-1978 circulating the text of G.O.Ms.No. 401 Family Planning (Fin. Wing.FRI) Department dated 17-11-1977 stating that the State Government has given directions that the additional pay will count as pay for purposes of ad hoc dearness allowance, city compensatory allowance, leave salary etc. A clarification was issued by Memo No. 402/D-2/78 M&H dated 5-5-78 that the incentive increments are to be treated as personal pay to be reckoned as basic pay for the purpose of pension etc. More over the Registrar of Co-operative Societies respondent No.2 herein directed by his proceedings Rc.No. 158240/76/C.l (b) dated 11-10-1977 that the family planning incentive scheme to the employees working under the Co-operative institution should be implemented. In proceedings dated 22-4-1978 the extension of the incentives was granted in favour of the employees of the Co- operative Central Bank. It is significant to note that the Guntur District Co-operative Central Bank Limited, Tenali-respondent No.l herein incorporated the scheme of the family planning incentives by amending the subsidiary regulations and inserting Regulation 72(b) adopting the scheme as mentioned in G.O.Ms.No. 469 (F&A) Co- operatives.II, dated 18-6-1977 with effect from 1-7-1978.

(3.) However, the second respondent- the Commissioner for Co-operation and Registrar of Co-operative Societies vide orders in Rc.No. 141791/79/C.1 dated 8-1-1980 have informed the Bank that the incentive increments given under family planning programme should not be added to basic pay but should be treated as personal pay of the employees. Against the said order issued by the second respondent, the petitioner filed the present writ petition challenging the same as being illegal and inoperative as it is in conflict with G.O.Ms.No. 469 dated 18-6-77 and G.O.No. 943 dated 27-9-76.