HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.25798 of 1999 ORDER: The relief sought for in this writ petition is for a direction to the respondent to absorb the petitioner in any of the Government departments in Nizamabad District in accordance with the judgment of this Court in W.A. Nos.1506 of 1992 and 1524 of 1992 dated 19.01.1993, on par with similarly situated retrenched employees of the District Co-operative Marketing Society Limited., Nizamabad, and for payment of all arrears of salaries, attendant benefits from the year 1987 onwards. The petitioner was aged 55 years when the writ petition was filed and must have retired from service several years ago. He was appointed as a clerk on 19.10.1966 in the District Marketing Co-operative Society, Nizamabad. The said society was liquidated in the year 1987. The Government issued G.O.Ms. No.425 dated 13.06.1989 relaxing the qualifications prescribing the age limit for recruitment/employment in government departments. Several other societies were also liquidated and orders were issued earlier directing their absorption into the services of the Government. The petitioner would submit that he was one of the very few who were left out. He would refer to the case of one Sri A. Sanjeeva Reddy whose services were absorbed in government departments as a result of the order passed by this Court in W.P. No.7731 of 1997 dated 29.09.1997. The Division bench of this Court, in its order in W.A. No.1506 and 1524 of 1992 dated 19.01.1993, was dealing with cases where the District Co-operative officer had directed the respondents to produce certificates from their respective officers to the effect that “there were no civil and criminal cases pending against them and that there were no dues payable by them to the respective societies.” On production of such certificates, certain persons were absorbed in government departments. The grievance of others was that their cases were not considered as they had failed to produce the required certificates. The Division Bench noted that, in G.O.Ms. No.425 dated 18.06.1999, the Government had directed absorption of retrenched employees working in Indur District Co-operative Marketing Society, Nizamabad and, in the light of the said G.O, directed the Commissioner for Co-operation to absorb the respondents on condition that they were found suitable, they produced the relevant certificates, and subject to the condition of availability of vacancies. The Division Bench further observed that, in case vacancies were not available, they may be considered for absorption as and when vacancies arise in future. The petitioner was hitherto working in the District Cooperative Society Limited, Nizamabad and not in Indur District Cooperative Marketing Society Limited, Nizamabad which was the bank concerned in W.A. No.1506 and 1524 of 1992. It is not even the petitioner’s case that the Government had issued any order in respect of the Society wherein he was hitherto working. The plea of discrimination, on the basis of Government Orders issued in case of some other Society, does not merit acceptance. Appointment to posts under the State can only be made in accordance with the rules made in exercise of the powers under the proviso to Article 309 of the Constitution of India. Co-operative Societies, registered under the A.P. Cooperative Societies Act, are not departments of the State Government, and have a legal entity distinct from that of the Government. Employees of co-operative societies, even if the said society has been established by the Government cannot, as a matter of right, claim that they should be absorbed/appointed in Government service, as appointment to Government service can only be made in accordance with the rules framed under the proviso to Article 309 of the Constitution of India. Even otherwise, the petitioner was aged 55 years at the time the Writ Petition was filed in the year 1999, and would now be more than 65 years old having crossed the age of supernuation several years ago. At this belated juncture, the question of his being considered for absorption in Government departments does not arise. Viewed from any angle, the relief sought for in this Writ Petition cannot be granted. The writ petition fails and is, accordingly, dismissed. However, in the circumstances, without costs. ____________________________ RAMESH RANGANATHAN, J Date: 12.08.2010 MRKR