ANDHRA PRADESH STATE CO OP SOCIETIES SECRETARIES AND EMPLOYEES UNION Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The Andhra Pradesh State Co-operative Societies Secretaries and Employees Union invokes the extraordinary jurisdiction of this court under Article 226 of the Constitution of India praying to issue a Writ of Mandamus declaring the action of the respondents in not applying the revision of pay scales with effect from 1-4-1996 on par with the Category-V Supervisors of the District Co-operative Central Banks (DCCBs) and applying the earlier scales of pay to the members of the petitioner-Union by Memo No.59283/97/K2, dated 25-9-1997 as arbitrary, illegal, unjust, against the principles of natural justice and opposed to the doctrine of "Equal pay for Equal Work" and violative of the fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India. The petitioner-Union also prays for issuance of an appropriate writ declaring Sections 5, 8,12 and 36 of the Administrative Tribunals Act, 1985 (for short 'the Tribunals Act') as unconstitutional and opposed to the Basic Structure of the Constitution of India. The petitioner-Union accordingly prays for appropriate further directions directing the respondents to pay the enhanced scales of pay to the members of the petitioner-Union on par with the Category-V Supervisors of the District Co-operative Central Banks with effect from 1-4-1996 and for grant of all consequential benefits.

(2.) During the pendency of the writ petition, the petitioner-union . filed W.P.M.P.No.387 of 2001 seeking leave of this court to amend the prayer in the writ petition so as to include a challenge of Section 116-AA of the Andhra Pradesh Cooperative Societies Act, 1964 (for short 'the Act'). The petitioner-union accordingly prays for grant of appropriate declaration declaring Section 116-AA of the Act unconstitutional being violative of Articles 14,16,21,39 (a), (b), (c), 41,42 and 43 of the Constitution of India.

(3.) The petitioner-union filed yet another W.P.M.P.No.l693 of 2002 challenging the constitutional validity of sub-section (1) of Section 116-C of the Act as amended by Act 22 of 2001 being violative of Article 14 of the Constitution of India.