IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT HON'BLE MR. JUSTICE R.SUBHASH REDDY WRIT PETITION No.13626 of 1999 Between: APCO - VI Class Employees Welfare Association, Rep. by its General Secretary, K. Rajendar. ... PETITIONER AND 1 The Andhra Pradesh State Handloom weavers Cooperative Society Limited, Rep. by its Managing Director, Weavers Bhawan, 3-5-770, Narayanaguda, Hyderabad. 2 Commissioner for Handloom Weavers and Director of Handloom and Textiles, Secretariat, Hyderabad. 3 Government of Andhra Pradesh Rep. by its Secretary, Department of Handloom & Textiles, Secretariat, Hyderabad. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ of Mandamus or any other appropriate writ direction or directions, directing the respondents to implement the Automatic Advancement Scheme, as per G.O.(p) No. 290, dt. 22. 7. 1993, to the 1st respondent Society w.e.f. 1.4.1994 with arrears. Counsel for the Petitioner: MR.V.SRINIVAS Counsel for Respondent No.1: MR.E.AJAY REDDY Counsel for Respondents 2 & 3: G.P., INDUSTRIES. The Court made the following: Order: In this writ petition, the petitioner, a Class-VI Employees Welfare Association of the first respondent-Society seeks directions by way of Mandamus to the respondents to implement Automatic Advancement Scheme, as notified by the Government in G.O.Ms.No.290 (P) dated 22-07-1993. 2. In the affidavit filed in support of the writ petition, it is stated that the first respondent, A.P. State Handloom Weavers’ Cooperative Society, is registered for the purpose of encouraging the handloom sector. The Managing Director of the Society is appointed by the State Government and the Society has adopted the pay scales of the State Government employees. It is stated that when the pay scales were revised in the year 1993, the Society had also revised the pay scales of its employees. It is stated that Government has issued orders in G.O.Ms.No.290 (P) dated 22-07-1993 accepting the recommendations of the pay revision commission for extending the benefit of Automatic Advancement Scheme and the benefits of the said scheme are extended to the employees who are deprived of promotional avenues in their service. It is further stated that as per the said scheme, employees who have completed eight years of service were entitled to a special-grade scale and those who have completed sixteen years of service are entitled for a scale, which is next to the scale being drawn by them. It is the case of the petitioner that as much as the first respondent-Society is adopting the pay scales applicable to the Government of Andhra Pradesh, its members are also entitled for the benefit under the said scheme, with effect from 19-04-1994. 3. The Joint Director of Handlooms & Textiles has filed counter affidavit, admitting that that the pay scales of the State Government employees were adopted by the first respondent-Society. It is stated that the financial position of the said society is deteriorated due to continuous increase in fixed overheads towards personnel, marketing and administrative expenditure. It is further stated that costs have also mounted up, due to which it was found operationally unviable to survive and a voluntary retirement scheme was introduced to reduce the costs. 4. It is not in dispute that the pay scales which were extended from time to time to the Government employees were also extended to the employees working in the first respondent-Corporation. But, however, in view of the feeble financial position of the Society, it is not obligatory on the part of the respondents to extend the benefit of the Automatic Advancement Scheme to its employees. Second respondent has filed counter affidavit on 06-01-2000. However, no counter affidavit is filed by the first respondent-Society, in the absence of which it is not possible for this court to know the current financial status of the Society. In view of the stand taken by the respondents with regard to the financial position of the first respondent-Society, the petitioner is not entitled for any directions by way of Mandamus to extend the benefit of Automatic Advancement Scheme to its members. 5. As the current financial status of the first respondent-Society is not known, I deem it appropriate to dispose of the writ petition permitting the petitioner-Association to submit a fresh representation to the respondents seeking extension of the benefits of the Automatic Advancement Scheme to its members, within a period of four weeks today. On filing such representation, the competent authority of the first respondent- Society, subject to the current financial position, may consider extension of Automatic Advancement Scheme to the members of the petitioner-Association. It is made clear that such consideration shall be on its own merits without being influenced by any of the observations made by this court. The decision to be taken on the representation of the petitioner-Association be communicated to it, as expeditiously as possible, preferably within a period of two months from the date of receipt of the representation. No order as to costs. 6. The writ petition is accordingly disposed of. No order as to costs. __________________________ JUSTICE R. SUBHASH REDDY. August 20, 2008 MRR