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

JUDGEMENT

(1.) The petitioner-Unit claims to represent the interest of the Paid Secretaries of Primary Agricultural Co-operative Societies (PACS) in the State of Andhra Pradesh. It invokes the extraordinary jurisdiction of this Court under Article 226 of the Constitution of india challenging G.O. Ms. No.52I Agriculture and Co-operation (Co-op.III) Department, dated 28.9.1993 issued by the 1st respondent-Government whereunder the Government changed the existing recruitment policy with regard to Category-V posts in the Co-operative Central Banks in the State by altering the ratio of recruitment from 9:1 to 5:4:1 in respect of all the posts in Category-V i.e., to say Supervisors, Clerks etc., and directing the recruitment to be made in the said ratio, five by direct recruitment from open market, four from the Paid Secretaries of the PACS and one from in-service candidate of the Bank through selection respectively.

(2.) Before adverting to the question as to whether the impugned G.O. suffers from any legal or constitutional infirmities, it may be necessary to briefly notice the relevant facts leading to the filing of the writ petition.

(3.) The posts of Paid Secretary in the PACS functioning in the State were created in the year 1973 under half a million job scheme. Initially, there were no pay scales as such fixed and all of them were appointed on consolidated wages. Thereafter, the Registrar of Co-operative Societies constituted a common cadre for the Paid Secretaries working in the PACS and regulations were accordingly framed in purported exercise of the power under Section 116-A of the Andhra Pradesh Co-operative Societies Act, 1964 (for short 'the Act').