HON’BLE SRI JUSTICE NOOTY RAMAMOHAN RAO W.P. No. 26576 of 1998 DATED: 21-08-2007 Between:- Mohd. Abdul Rasheed .. Petitioner And The Managing Director, A.P.Women’s Cooperative Finance Corporation Ltd., Behind Saradhi Cine Studios, Ameerpet, Hyderabad and four others .. Respondents ORAL ORDER : The present writ petition has been instituted calling in question the orders passed by the Managing Director of the 1st respondent Corporation – AP Women’s Cooperative Finance Corporation Limited. Through the impugned order, a sum of Rs.16,084/- is sought to be recovered from the salary and allowances of the writ petitioner on the plea that that the Convenor of the District Level Committee, Nizamabad, had converted the post of Contingent Attendant into Last Grade Service with effect from 22.8.1990 and fixed the pay of the incumbent in the scale of pay of Rs.740-1150/- and paid arrears amounting to Rs.16,084/- for the period from 22.8.1990 without obtaining any prior permission of the Managing Director of the Corporation. It is not in dispute that the Secretary of the Society at Nizamabad passed orders on 18.6.1992. But what the order passed on 18.6.1992 did was to comply with the orders passed by the State Government in G.O.Ms.No. 344, Finance and Planning (FW : PRC.I) Department, dated 13.11.1989 which is said to have permitted conversion of all contingent posts continuing for more than five years into Last Grade Service with remuneration of Rs.740/- per month. Since the petitioner was said to have completed five year period of service by 21.8.1990, the Secretary of the Corporation at Nizamabad had fixed his pay with effect from the said date in the time scale of pay of Rs.740– 1150/- duly converting the post to the Last Grade Service. It is not at all in dispute that the scale of pay of Rs.740–1150/- is the appropriate scale of pay attached to the post of Last Grade Service with remuneration of Rs.740/- per month. Since the petitioner was said to have completed five year period of service by 21.8.1990, the Secretary of the Corporation at Nizamabad had fixed his pay with effect from the said date in the time scale of pay of Rs.740–1150/-. I have heard Sri V.Ravi Kiran Rao, learned counsel for the writ petitioner and Sri J.S.Raju, learned Standing Counsel for the Corporation. The principal contention of the learned counsel for the petitioner is that the impugned order dated 16.11.1995 undoubtedly visits the writ petitioner with evil and civil consequences inasmuch as it seeks to effect recovery of a huge sum of over Rs.16,000/- and before passing any such order, no opportunity whatsoever has been afforded to the writ petitioner to demonstrate as to how he is entitled to derive the benefit out of the scheme propounded by the State Government through G.O. Ms. No. 344, dated 13.11.1989. If the writ petitioner is otherwise entitled to the benefit of conversion of the contingent post held by him into a Last Grade Service, and that he is also entitled to have his pay fixed in the scale of pay of Rs.740-1150/- which is the scale of pay fixed for the Last Grade Service in the State, then the question of his being paid any amount which he is not otherwise entitled to, does not arise. If only an opportunity has been provided to him, he could have demonstrated the tenability of his claim in this regard. I find force in the submission made by the learned counsel for the petitioner. The petitioner had been effectively denied any opportunity to show-cause as to why he is not entitled to have his contingent post converted into Last Grade Service upon successful completion of five years of tenure continuously. I therefore do not have any hesitation to set aside the impugned order dated 16.11.1995, it being in gross violation of the principles of natural justice. Instead of setting aside the impugned order, I direct the 1st respondent to treat it as purely provisional in nature and content. The writ petitioner will file his detailed explanation within a period of 30 days from today demonstrating as to how he is entitled to be converted to the last grade service with effect from 21.8.1990, the date on which he is said to have completed five years of service as a contingent employee and on that basis how he is justified in drawing the salary and allowances in the scale of pay of Rs.740-1100/-. Upon receipt of the representation submitted by the writ petitioner, the 1st respondent – Managing Director of the Corporation shall take a final decision in the matter appropriately considering the tenability of the claim of the writ petitioner. The decision may be taken within a period of three months of the date of receipt of the representation of the writ petitioner. With this the writ petition stands disposed of. -------------- knk 21.08.2007 Note: CC in one week (b/o) knk