THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.1592 of 2003 ORDER: This writ petition is filed for a Mandamus declaring the action of the respondents in not paying the differential amount of officiating allowance and the differential amount of pay by including the family planning increment to the basic pay, to the petitioner, as illegal and arbitrary. According to the petitioner, he initially worked as Assistant General Manager in the 2nd respondent Bank and thereafter promoted to the post of Deputy General Manager, on regular basis, with effect from 02.08.1996 and as such became the cadre employee governed by the Cadre Authority Rules. It is his case that while he was working as Assistant General Manager under the control of the 2nd respondent Bank, he was officiated to the post of Deputy General Manager and, accordingly, he acted in the said post from July, 1995 to 01.08.1996 i.e., till he was promoted to that post of Deputy General Manager on regular basis. While so, the 2nd respondent has revised the scales of pay with effect from 01.11.1992 by allowing monitory benefits from 01.04.1996. The petitioner contends that as the officiating allowance in the post of Deputy General Manager was paid to him in the pre-revised pay and subsequently the pay was revised with monitory benefit from 01.04.1996, he is entitled to get the differential amount of officiating allowance from 01.04.1996 to 01.08.1996, but he was denied the same. It is the further case of the petitioner that his wife underwent family planning operation in the year 1980 and therefore he was given an additional increment, but it was not added to his basic pay. In this regard, he relied on the judgment rendered by this Court in W.P.No.10489 of 1992 dated 20.03.2002, according to which, the increment, which is called as incentive, should be added to the basic pay and should not be treated as personal pay, and hence, he is entitled to get the differential amount of pay by adding the family planning incentive to his basic pay, for the period from 1980 to 01.08.1996 from the 2nd respondent, and for the period from 02.08.1996 till retirement i.e., 30.06.2000 from the 1st respondent. The grievance of the petitioner is that he made representations dated 25.09.1997 and 19.07.1999 to the 2nd respondent, for payment of officiating allowance as per revised pay scales, but in vain, therefore, he gave a suit notice on 15.09.2002 to the respondents, including the Registrar of Co-operative Society, through his advocate. Pursuant thereto, the Registrar of Co-operative Society vide his letter dated 01.10.2003 requested the 2nd respondent to take immediate action, but no action has been taken by the respondents. Hence, this writ petition. In the counter affidavit filed by the 1st respondent, with regard to the claim of the petitioner for payment of differential amount of officiating allowance for the period from 01.04.1996 to 01.08.1996, it is stated that since the petitioner was the employee of the 2nd respondent during that relevant period, it is the 2nd respondent who has to consider it. So far as the claim of adding Family Planning incentive to the basic pay in accordance with the directions given in W.P.No.10489 of 1992, is concerned, it is stated that the benefit of additional increment for undergoing Family Planning Operation was extended by the 2nd respondent Bank to the petitioner as per the directions/instructions issued by the State Government/Registrar of Co-operative Societies. It is further stated that the petitioner is having four children and the material facts relevant for drawing Family Planning incentives are concealed subsequently by the petitioner with malafide intention, which amounts to cheating the Bank for drawing two advance increments. In the counter affidavit filed by the 2nd respondent, it is stated that the petitioner was paid the officiating allowance @ 15% of the basic pay. It is also stated that pursuant to the application submitted by the petitioner, a clarification was sought for by them from the Co-operative Banks’ Association, which is an Association of the Management of all the Co-operative Banks, and the Manager of the A.P. Co-operative Banks’ Association, vide his letter dated 19.02.1998, had instructed that the post of the General Manager and Deputy General Manager will come under the purview of the key personnel of the cadre authority and the payment of officiating allowances to the personnel other than the cadre employees working in the above posts will not arise as per the settlement dated 15.06.1997. It is stated that inasmuch as the petitioner was not appointed by the cadre authority, he would not be entitled for the officiating allowances as claimed by him. It is further stated that the petitioner was sanctioned two advance increments on 20.11.1980 as his wife undergone Tubectomy operation, and subsequent to the death of his first wife, through whom he had two children, he married another woman and was blessed with another child in the year 1983, but concealing this fact, the petitioner has drawn two advance increments over and above his eligibility upto 09.02.1983 and thereby cheated the Bank. Further, it is stated that at present the petitioner had begotten fourth child through his second wife and never intimated the same to the Central Office till date and as such he is not at all entitled for grant of the family planning incentive increments. Heard the learned counsel for the petitioner and the learned counsel for the respondents. Admittedly, the petitioner was officiated to the post of Deputy General Manager from July, 1995 to 01.08.1996 and the 2nd respondent has revised the scales of pay with effect from 01.11.1992 by allowing monetary benefit from 01.04.1996. Though it is the stand of the 2nd respondent, in the counter affidavit filed by it, that the petitioner was paid officiating allowance @ 15% of the basic pay, it is not clear as to what is the exact amount paid. Insofar as the claim of the petitioner that he is entitled to get differential amount of pay by including the family planning increment to the basic pay as per the judgment dated 20.03.2002 passed by this Court in W.P.No.10489 of 1992, it is to be noticed that the 1st wife of the petitioner undergone family planning operation in the year 1980 and the petitioner was stated to have been granted two advance increments, but it is not known whether the said two advance increments are added to his basic pay or not. The respondents have taken a stand that subsequent to the death of the 1st wife of the petitioner, the petitioner married another woman and was blessed with two more children through his 2nd wife, but the same was suppressed by the petitioner. It is to be noted that, irrespective of the fact that the petitioner married another woman subsequent to the death of his 1st wife, he is entitled to one increment, which is called as incentive, with effect from 20.11.1980 and the same needs to be added to the basic pay. For the aforesaid reasons, I deem it appropriate to dispose of the writ petition with the following directions: The respondents are directed to verify as to whether the petitioner was paid officiating allowance during the period from 01.04.1996 to 01.08.1996, as per the revised pay scales existing at that time, and if it was not paid as per the revised pay scales, the same shall be calculated as per the revised pay scales existing at that time and be paid to the petitioner. If the petitioner was paid officiating allowance as per the revised pay scales and is not entitled to any further amounts, the petitioner shall be informed, in writing, the details of the officiating allowance paid to him during the said period. Further, the respondents are directed to add one increment to the basic pay of the petitioner as per the judgment rendered by this Court in W.P.No.10489 of 1992, dated 20.03.2002, and pass appropriate orders extending all the consequential benefits as per his eligibility. This exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. The writ petition is accordingly disposed of. No order as to costs. _____________ C.V.RAMULU,J 10.02.2011 v v