LAWS(APH)-2004-8-136

A SUBRAMANYAM NAIDU Vs. GOVT OF A P

Decided On August 30, 2004
A.SUBRAMANYAM NAIDU Appellant
V/S
GOVERNMENT OF ANDHRA PRADESH, CO-OPERATION DEPT. Respondents

JUDGEMENT

(1.) Batch of these Writ Petitions are filed, seeking the following reliefs :-

(2.) In some of the Writ Petitions, the proposals sent by the Primary Agricultural Co-operative Societies for approval of staffing pattern, qualifications, pay scales and other allowances were returned by the concerned co-operative officers without forwarding the same for approval of the Commissioner as the said proposals are not in accordance with Section 116-C(1) of the Act and in some others, the same was forwarded for approval of the Commissioner. In some of the cases, either the special cadre Deputy Registrar of Co-operative Societies working as District Co-operative Officers or the Deputy Registrars of Co-operative Societies in- charge of divisions approved the pay scales, staffing pattern etc., wherever they are in accordance with Section 116-C (1) of the Act. The petitioners in effect prays that their pay scales cannot be reduced and they are entitled for the existing salaries without any retrenchment and without any reduction of salaries without reference to Sec. 116-C(1) of the Act. In some of the Writ Petitions, the proceedings issued by the District/Divisional Co-operative Officers advising the Societies to remove certain employees who are illegally appointed without getting approval of the Commissioner under Section 116-C (1) of the Act was questioned. The orders of the respective co-operative societies, retrenching the services of some of its employees who were appointed contrary to the provisions of Section 116-C(1) of the Act by paying one month salary or in lieu thereof one month notice given, was also questioned.

(3.) The learned counsel appearing for the petitioners Sri V.Ajay Kumar, Sri D.V. Bhadram, Sri G.V.Shivaji and some other learned counsel have advanced their arguments on behalf of the petitioners. The Government Pleader for Co-operative Societies and Sri C.V. Mohan Reddy and some other counsel appearing on behalf of the Primary Agricultural Co-operative Societies have advanced their arguments.