IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 4926 of 2002 Between: Nagisetty Koteswara Rao, S/o. Peda Ramachandraiah, R/o. Kasukarru, Ponnuru Mandal, Guntur. ..... PETITIONER AND 1 The District Co-operative Officer, Guntur. 2 The Divisional Co-operative Officer, Guntur. 3 The Guntur District Co-operative Marketing Society Limited, Rep. by its Business Manager, 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, Order or direction more particular one in the nature of Writ of Mandamus, to declaring the inaction of the respondents in fixing the seniority of the petitioners and the payment of arrears of the difference salary including other benefits on par with other employees working in the 3rd respondent society as illegal, arbitrary, null and void and consequently direct the respondents to pay the arrears of difference salary by fixing the revised pay scales to the petitioner and to pass Counsel for the Petitioner:MR.N.SIVA REDDY Counsel for the Respondent No.: GP FOR AGRICULTURE The Court made the following : ORDER : The petitioner filed this Writ Petition under Article 226 of the Constitution of India, seeking a writ of Mandamus to declare the inaction of the respondents in not fixing the seniority of the petitioner and the payment of arrears of the difference salary including other benefits on par with other employees working in the society of respondent No.3 as illegal and arbitrary and consequently direct the respondents to pay the arrears of difference salary by fixing the revised pay scales to the petitioner forthwith. 2. When this matter is taken up for hearing, the learned counsel for the petitioner has drawn my attention to the judgment of this Court in W.P. No.9968 of 1999 dated 29.02.2008, whereby this Court directed the respondent authorities to prepare an integrated seniority list of employees of six merged Cooperative Marketing Societies with that of the employees of District Cooperative Marketing Society, Guntur and prepare and a final seniority list, within a period of three months from the date of receipt of a copy of the order. This writ petition is also disposed of in the above lines. However, as the petitioner is retired from service during the pendency of this writ petition, if he is qualified as per the new seniority list, he may be paid the differential pay in accordance with rules. 3. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J Dated June 24, 2009 KSH