IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 11445 of 2003 Between: 1 S.Bal Naraiah son of Ramaswamy Bibinagar Primary Agricultural Cooperative Society, BibinagarNalgonda Dist 2. H.Anjaneyullu son of H.Bala Narsaiah Jalalpur Primary Agricultural Cooperative Society, Bommalramaram Mandal Nalgonda Dist 3 Ch.Bikshapathy son of Ch. Lakshmaiah Alair Primary Agricultural Cooperative Society, Alair Post and Mandal Nalgonda Dist 4 S.Narender son of Vittal Thurkapally Primary Agricultural Cooperative Society, Thurkapally P & M Nalgonda Dist 5 Md. Anwar Ali son of Md. Yaseen Ali Chinna Raulapally Primary Agricultural Cooperative Society, Bhattuguda Post, Bibinagar Mandal , Nalgonda Dist 6 P.Krishna Reddy son of Malla Reddy Bhongir Primary Agricultural Cooperative Society, Station Raod bhongir , Nalgonda Dist 7 G.Dharamaih son of G.Yadagiri Ramaswamy Vasalamarry Primary Agricultural Cooperative Society, Turkapally Mandal Nalgonda Dist 8 K.Pandaiah son of K.Veera Mallaiah Athmakur Primary Agricultural Cooperative Society , Athmakur P &M Nalgonda Dist 9 V.Balakrishna Reddy son of V.Venkat Narsimha Reddy Bollepally Primary Agricultural Cooperative Society, Bhongiri Mandal Nalgonda Dist 10 I.Krishna Murthy, son of Venkulu Madhpur Primary Agricultural Cooperative Society, Turkapally Post, Madhpur Mandal Nalgonda Dist 11 B.Venkat Swamy son of Sattaiah Medipally P.A.C.S., Bommala Ramanam Mandal Nalgonda Dist 12 Md. Yousuf son of Abdul Nabi Chada P.A.C.S., Atmakur Mandal Nalgonda Dist 13 B. Anandam son of Buchaiah Addaguduru P.A.C.S., Mothkur Mandal Nalgonda Dist 14 Y.Sathaiah son of Lalaiah Gundala P.A.C.S., Gundala Mandal Nalgonda Dist 15 N.Madhusudhan Rao son of Laxma Rao Kanchanapally P.A.C.S., Mothuk Mandal Nalgonda Dist 16 Kallem Narasaih son of Narsiah Challur P.A.C.S., Rajapeta Mandal Nalgonda Dist ..... PETITIONERS AND 1 Secretary The Govt of AP Secretariat, Hyderabad 2 The Commissioner for Cooperation Registrar of Coop. Societies Nampally, Hyderabad 3 General Manager The District Cooperative Central Bank Ltd., Nalgond Dist 4 The District Coop. Officer Nalgoonda , Nalgonda Dist 5 The Divisional Coop. Officer Bhogir, Nalgonda Dist 6 Person in Charge committee Bibinagar Primary Agricultural Cooperative Society Bibinagar, Nalgonda Dist 7 Person in Charge committee Jalapur Primary Agricultural Cooperative Society, Bommalramaram Mandal Nalgonda Dist 8 Person In Charge Committee Alair Primary Agricultural Cooperative Society, Alair Post & Mandal, Nalogond Dist 9 Person In-Charge Committee Thurkapally Primary Agriculural Cooperative Society, Thurkapaly P & M Nalgonda Dist 10 Person In-Charge Committee Chinna Raulapally Primary Agricultural Cooperative Society , Bhattuguda Post, Bibinagar Mandal, Nalgonda Dist 11 Person In-Charge Committe Bhongir Primary Agricultural Cooperative Society, Station Road Bhongir, Nalgonda Dist 12 Person In-Charge Committee Vasalamarry Primary Agricultural Cooperative Society, Turkapally Mandal Nalgonad Dist 13 Person In-Charge Committee Atmakur Primary Agricultural Cooperative Society , Atmakur P & M Nalgonda Dist 14 Person In-Charge Committee Bollepally Primary Agricultural Cooperative Society, Bhongiri Mandal Nalgonda Dist 15 Person In-Charge Committee Madhpur Primary Agricultural Cooperative Society, Turkapally Post, Madhpur Mandal Nalgonda Dist 16 Person In-Charge Committee Medipally Primary Agricultural Cooperative Society, Bommala Ramanam Mandal Nalgonda Dist 17 Person In-Charge Committee Chada Primary Agricultural Cooperative Society, Atmakur Mandal, Nalgonda Dist 18 Person In-Charge Committe Addaguduru Primary Agricultural Cooperative Society, Mothkur Mandal, Nalgonda Dist 19 Person In -Charge Committee Gundala Primary Agricultural Cooperative Society Gundala Mandal, Nalgonda Dist 20 Person In-Charge Committee Kanchanpally Primary Agricultural Cooperative Society, Mothkur Mandal, Nalgonda Dist 21 Person In-Charge Committee Challur Primary Agricultural Cooperative Society Rajapeta Mandal, Nalgonda Dist 22 Managing Director D. Chakapana The AP State Co., Bank Limited Hyderabad- 500001 23 The Superintendent of Police Nalgonda Dist .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ or order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in not paying the salaries to the petitioner is illegal, arbitrary and violative of Art 14 and 21 of the constitution of India and consequently direct the respondent to pay salaries to the petitioners without reference to sec. 116-C of the Act Counsel for the Petitioners :MR.A.SATYA PRASAD Counsel for the RR 3,11,12 14,16. : MR.T.AMARNATH GOUD Counsel for RR.1,2,4 and 5: Govt., Pleader for Co- operation. Counsel for RRs.6,7,8,9,10,13,15, 17 to 22: None. Counsel for R.23: Govt.Pleader for Home. The Court Made the Following : Petitioners claim to be employed as Paid Secretaries of several Primary Agricultural Co-operative Societies in Nalgonda district of the State. Section 116-C of the Co-operative Societies Act, 1964 (for short ‘the Act’) as amended by Act 22 of 2001 ordains that the expenditure of a society towards pay and allowances of its employees shall not exceed 2% of the working capital or 30% of the gross capital in terms of actuals in a year, whichever is less. Consequent on this ceiling of expenditure towards pay and allowances obligated by Section 116-C of the Act, the State Government, Registrar of Co-operative Societies and other officials in the co-operative department have issued circulars requiring several primary agricultural co-operative societies to so restrict the salaries of their employees as to conform with the provisions of Section 116-C of the Act. Without challenging the validity of Section 116-C of the Act, the petitioners seek a direction that they should be paid salaries as were paid in the month of February, 2003 and that they should be continued to be paid the same salaries. These claims are made against primary agricultural co-operative societies. The petitioners’ entitlement to salaries from various primary agricultural co-operative societies, which are neither pleaded, urged or demonstrated to be State within the meaning of Article 12 of the Constitution of India, do not have any public law component warranting adjudication under Article 226 of the Constitution of India. The writ petition is accordingly dismissed. No costs. ______________________ GODA RAGHURAM, J Dt. 24-06-2004 Pvks/* To 1 The Secretary, The Govt of AP, Secretariat, Hyderabad 2 The Commissioner for Cooperation, Registrar of Coop. Societies, Nampally, Hyderabad 3 The General Manager, The District Cooperative Central Bank Ltd., Nalgond Dist 4 The District Coop. Officer Nalgonda , Nalgonda Dist 5 The Divisional Coop. Officer Bhongir, Nalgonda Dist 6 Person in Charge committee Bibinagar Primary Agricultural Cooperative Society Bibinagar, Nalgonda Dist 7 Person in Charge committee Jalapur Primary Agricultural Cooperative Society, Bommalramaram Mandal Nalgonda Dist 8 Person In Charge Committee Alair Primary Agricultural Cooperative Society, Alair Post & Mandal, Nalogond Dist 9 Person In-Charge Committee Thurkapally Primary Agriculural Cooperative Society, Thurkapaly P & M, Nalgonda Dist 10 Person In-Charge Committee Chinna Raulapally Primary Agricultural Cooperative Society , Bhattuguda Post, Bibinagar Mandal, Nalgonda Dist 11 Person In-Charge Committe Bhongir Primary Agricultural Cooperative Society, Station Road Bhongir, Nalgonda Dist 12 Person In-Charge Committee Vasalamarry Primary Agricultural Cooperative Society, Turkapally Mandal, Nalgonad Dist 13 Person In-Charge Committee Atmakur Primary Agricultural Cooperative Society , Atmakur P & M, Nalgonda Dist 14 Person In-Charge Committee Bollepally Primary Agricultural Cooperative Society, Bhongiri Mandal, Nalgonda Dist 15 Person In-Charge Committee Madhpur Primary Agricultural Cooperative Society, Turkapally Post, Madhpur Mandal, Nalgonda Dist 16 Person In-Charge Committee Medipally Primary Agricultural Cooperative Society, Bommala Ramanam Mandal, Nalgonda Dist 17 Person In-Charge Committee Chada Primary Agricultural Cooperative Society, Atmakur Mandal, Nalgonda Dist 18 Person In-Charge Committe Addaguduru Primary Agricultural Cooperative Society, Mothkur Mandal, Nalgonda Dist 19 Person In -Charge Committee Gundala Primary Agricultural Cooperative Society Gundala Mandal, Nalgonda Dist 20 Person In-Charge Committee Kanchanpally Primary Agricultural Cooperative Society, Mothkur Mandal, Nalgonda Dist 21 Person In-Charge Committee Challur Primary Agricultural Cooperative Society Rajapeta Mandal, Nalgonda Dist 22 Managing Director D. Chakapana The AP State Co., Bank Limited Hyderabad- 500001 23 The Superintendent of Police Nalgonda Dist 24. .2CCs to Government Pleader for Co-operation, High Court Buildings, Hyderabad. 25 .2CD copies