V BHASKAR REDDY Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) In the instant writ petition, the petitioners are aggrieved by the action of the respondents in fixing their seniority below the respondents 5 to 11 and they seek for the issuance of a writ of Mandamus declaring the action of the respondents as unjust, arbitrary and illegal and without jurisdiction. The petitioners also pray for a consequential direction directing the respondents 1 to 4 herein to fix up the petitioners seniority in the cadre of Accountant with retrospective effect, in the same way as it was done in case of similarly situated employees vide Order Dt.8-9-1993.

(2.) It is required to notice that the writ petition is mainly directed against the respondents 1 and 2, though the Deputy Registrar/Divisional Co-operative Officer and the Registrar of Co-operative Societies, Government of A.P. are also added as respondents 3 and 4. There are no averments as against respondents 3 and 4 and the affidavit does not disclose any cause as against them except the statement in the affidavit that the petitioners have made representation to respondents 1 to 4 about their grievance. Practically the writ petition is directed against the Thirupati Co-operative Bank Ltd., Tirupati, Chittoor District. All the petitioners and respondents 5 to 11 are its employees. The dispute relates to the inter $e seniority between the petitioners and respondents 5 to 11 and others.

(3.) In the counter-affidavit filed on behalf of respondents 1 and 2 a specific plea is taken as to the maintainability of the writ petition. It is stated that Thirupathi Co-operative Bank Ltd., is registered as a society under the provisions of the A.P.Co-operative Societies Act, 1964 and therefore, the writ petition as such is not maintainable. In the affidavit filed in support of the writ petition, there are no averments stating as to how the writ petition is maintainable against a Co-operative Society. However, in the reply affidavit filed by the petitioners, it is stated that the Government has got full control over the respondents-Co-op.Societies and all the Rules, Bye-laws and Regulations of the Bank are to be made with the prior approval of the Registrar of Co-operative Societies and only Government officials are always managing the affairs of the Bank and the Staff Committee which has issued the proceedings Dt.6-3-1996 consists of (1) the Deputy Registrar of Co-operative Societies/Managing Director, (2) the District Co-operative Audit Officer/ Person-in-Charge and the Manager, Dena Bank, a Nationalised Bank. It is the case of the respondents that all of them are Government officials, their actions are amenable to be tested in a judicial review proceedings by this Court and therefore, writ is maintainable even against a Co-operative Society.