IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINETH DAY OF FEBRUARY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO : 9968 of 1999 Between: 1 Nimmagadda Veeraiah S/o Appaiah R/o Mangalagiri, Guntur District. 2 Peddi Amaraiah S/o Seetharamaiah R/o Mangalagiri, Guntur District. 3 Shaik Nagul Meera S/o Fakeer Ahmed R/o Mangalagiri, Guntur District. 4 Dasari Hanumantha Rao S/o Venkata Ratnam R/o Mangalagiri, Guntur District. 5 Addinki Ratna Kumar S/o Suryanarayana R/o Mangalagiri, Guntur District. ..... PETITIONER(S) AND 1 The Guntur District Co-op. Marketing Society Ltd., Rep. by Business Manager, Guntur. 2 The Guntur District Co-op. Marketing Society Ltd., Rep. by President-in- charge, Guntur. 3 The District Co-op. Officer, Ltd., Guntur. 4 The Divisional Co-op. Officer, Ltd., Guntur. 5 The Commissioner for Co-op. and Registrar of Co-op. Societies, Andhra Pradesh, Hyderabad 6 B. Innaiah The Guntur District Co-operative Marketing Society Medical College Road, Guntur. 7 M.N. Babu The Guntur District Co-operative Marketing Society Medical College Road, Guntur. 8 D.V. Appa Rao The Guntur District Co-operative Marketing Society Medical College Road, Guntur. 9 N. Chandrasekhara Rao The Guntur District Co-operative Marketing Society Medical College Road, Guntur. 10 C.H.V. Ramana The Guntur District Co-operative Marketing Society Medical College Road, Guntur. .....RESPONDENT(S) 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 to issue a Writ of Mandamus or any othet Writ, Order or Direction declaring the action of the Res.No.1 & 2 in promoting the Res.Nos. 6 to 10 as Junior Accountants under Procs.No.3757/1999-E dt; 3-2-1999 as illegal, arbitrary, malafide and contrary to the directions and instructions issued by the Government from time to time and for a consequential direction to fix the seniority of the employees taking the ingration of all the services into account and for payment of consequential monetary benifits w.e.f. 1-6-1987 and for payment of difference of salary and allowances and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.G.RAMA GOPAL Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents 1 and 2 in promoting respondents 6 to 10 as Junior Accountants vide proceedings dated 3.2.1999 as arbitrary, illegal and contrary to the directions and instructions issued by the Government of Andhra Pradesh from time to time and consequently direct the respondents to fix the seniority of employees taking integration of all the services into account and pay the consequential monetary benefits with effect from 1.6.1987 and also difference of salary and allowances. It appears, on introduction of single window system in the State of Andhra Pradesh, the entire Cooperative Institutions were reorganized. Accordingly, the Registrar vide proceedings dated 19.3.1987 initiated action to amalgamate six (6) primary marketing societies with the Guntur District Marketing Cooperative Societies. The said amalgamation came into effect from 1.6.1987 and became final and the petitioners who are the employees of erstwhile Primary Marketing Cooperative Societies became the employees of Guntur District Marketing Cooperative Societies Limited. However, the integration could not be effected. Keeping in view the amalgamation and transferring the services of employees of merged societies to the viable society, the Commissioner for Cooperation and Registrar of Coop. Societies decided to integrate the services of staff of the merged societies vide proceedings dated 3.9.1987. However, the same could not be completed by third respondent and as such, fresh proceedings were issued on 19.12.1989 directing the societies to complete the integration process by themselves. The District Cooperative Officer, Guntur vide proceedings dated 2.2.1990 directed the first respondent to complete the integration process within 15 days. The Divisional Cooperative Officer vide proceedings dated 15.3.1990 directed the respondents 1 and 2 to integrate the services of petitioners forthwith. Now the grievance of the petitioners is that before completion of integration of services of employees of these six societies with that of District Cooperative Marketing Societies, the respondents 6 to 10 were promoted as Junior Accountants ignoring their seniority. It is their case that unless and until the integrated seniority list is prepared and published, the question of promoting respondents 6 to 10 does not arise. The learned counsel for petitioners states that the District Cooperative Marketing Society has adopted pay scales to its original employees with effect from March 1988, whereas the said benefits were extended to petitioners only from 15.12.1994 onwards, therefore, the respondents may be directed to extend the said benefits with effect from March 1988. This Court, granted interim suspension of the impugned proceedings on 12.10.2000 and the same was made absolute on 1.11.2001. Thus, the promotions of respondents 6 to 10 were stalled for almost (9) years. In the counter filed by first respondent, it is stated that respondents 6 to 10 are the original employees of District Cooperative Marketing Society and they are holding the posts of Salesman from 1983-84 and thus, they are seniors to the petitioners. The contention of the petitioners that they were appointed way back in the years 1972-73 in their respective Cooperative Marketing Societies, which got merged with District Cooperative Marketing Societies with effect from 1.6.1987, was denied. However, it is stated that the services of the petitioners have been integrated with effect from 1.6.1987 as per the resolution of the Managing Committee dated 15.12.1994. In the counter filed by respondents 3 and 4, it is stated that it is true that the respondents 1 and 2 have to follow the instructions of Commissioner for Cooperation and Registrar of Cooperative Societies issued in proceedings Rc.No.30307/87 dated 18.5.1987, wherein instructions were issued not to effect promotions in all the District Cooperative Marketing Societies. Thus the main controversy between the parties is that without there being any integrated seniority list of employees of six Cooperative Marketing Societies, which merged with District Cooperative Society, the promotions could not have been affected. Even as of now, the respondents have not placed any material to show that already an integrated seniority list has been prepared of all the employees of merged societies with that of District Cooperative Society. Under those circumstances, without expressing any opinion on merits, the respondents 1 and 2 are directed to prepare an integrated seniority list of employees of six merged Cooperative Marketing Societies with that of employees of District Cooperative Marketing Society, Guntur and prepare a final seniority list, within a period of three months from the date of receipt of a copy of this order and communicate the same to all the concerned. However, in the meanwhile, Status quo as on today shall continue. With the above direction, the writ petition is disposed of. No order as to costs. ____________ C.V.RAMULU, J Date: 29.2.2008 DA