IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 152 of 2000 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 14/12/1999 in WP NO : 36405 OF 1998 on the file of the High Court.) Between: 1 V.V.Raman Murthy, s/o. v.Kameshwar Rao A.P.State Co-operative Bank Ltd., Troop Bazar, Hyderabad. 2 N.Shyam Sundar Reddy, s/o. N.Krishna Reddy A.P.State Co-operative Bank Ltd.,Troop Bazar, Hyderabad. 3 Gopala Krishna s/o. J.Suryanarayana, A.P. State Co-operative Bank Ltd., Troop Bazar, Hyderabad. 4 A.Poornachander Rao s/o. A.A.S. Prakash Rao A.P. State Co-operative Bank Ltd., Troop Bazar, Hyderabad. ..... APPELLANTS AND 1 Government of Andhra Pradesh, Rep. by its Prl. Secretary and Co-operation Department, Secretariat, Saifabad, Hyd. 2 The Registrar of Co-operative Societies, Government of Andhra Pradesh, Hyderabad. 3 The Managing Director, A.P. State Co-operative Bank Ltd., Hyderabad. 4 A.P.Co-operative Bank Employees Association c/o. A.P.State Co-operative Bank Ltd., Troop Bazar, Hyderabad 5 A.P.State Co-operative Bank Officers Association, Regd.No.B-565, Hyderabad. .....RESPONDENTS Counsel for the Appellant: MR.R.BRIZ MOHAN SINGH Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 213 of 2000 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 14/12/1999 in WP NO : 36405 OF 1998 on the file of the High Court.) Between: ..... APPELLANT(S) AND .....RESPONDENT(S) Counsel for the Appellant: GP FOR AGRICULTURE Counsel for the Respondent : MR.P.KAMLAKAR FOR RVAK-1 MR.A.H.RAMA KRISHNA RAO (SC FOR APCOB) FOR RVAK-2 The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 319 of 2000 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated ______ in WP NO : 36405 OF 1998 on the file of the High Court.) Between: ..... APPELLANTS AND .....RESPONDENTS Counsel for the Appellant:MR.ABHINAND KUMAR SHAVILI Counsel for the Respondent : GP FOR COOPERATION FOR R MR.P.KAMLAKAR FOR RVAK-1 MR.A.H.RAMA KRISHNA RAO (SC FOR APCOB) FOR RVAK-4 The Court made the following : IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD TUESDAY, THE FIFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI AND THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT APPEAL NO : 329 of 2000 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated ______ in WP NO : 36405 OF 1998 on the file of the High Court.) Between: ..... APPELLANTS AND .....RESPONDENTS Counsel for the Appellant:MR.G.VIDYASAGAR Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : COMMON JUDGMENT: (per THE HON’BLE MRS. JUSTICE T.MEENA KUMARI) Writ Appeals 152, 213 and 319 of 2000 arise out of the common order dated 14.12.1999 in WP No. 36405 of 1998 while Writ Appeal No. 329 of 2000 arises out of the order passed in WP No.14478 of 1999, by a learned Single Judge of this Court. As all these Writ Appeals arise out of the same order and raise common questions of law and facts, they were heard together and are being disposed of by this common Judgment. Writ Petition No. 36405 of 1998 was filed seeking a declaration that the GO Ms. No. 338 Agriculture & Cooperation (Coop.VI) Department dated 11.12.1998 issued by the first respondent therein equating the post of Junior Officer (Non-Technical) in the erstwhile Andhra Pradesh Cooperative Central Agriculture Development Bank with the post of Manager in the Andhra Pradesh State Cooperative Bank and fixing their interse seniority in terms of para No.7 of the said GO, as illegal, void and to consequently declare Rule 73-B incorporated by way of amendment to the A.P. Co-Operative Societies Act, 1964, equating the above posts as illegal and void. The other Writ Petition No. 14478 of 1999 was filed by the Andhra Pradesh State Cooperative Bank Staff Union, an affiliate of the A.P. Bank Employees Federation, questioning the fixation of interse seniority of the erstwhile employee of the Andhra Pradesh Cooperative Central Agricultural Development Bank with the employees of the Andhra Pradesh Co-Operative Bank in the equated cadres taking their date of appointment as the criteria instead of following the ratio of 1:1 recommended by the M.V.S. Prasad Committee, which is related to the integration of the employees of the Andhra Pradesh Cooperative Central Agriculture Development Bank. The Government of Andhra Pradesh with a view to introduce Single Window Cooperative Credit System, while abolishing Primary Agricultural Co-Operative Development Banks, has merged the same with the DCCB by an Act, which came into effect from 1.4.1987. Pursuant thereto, the assets and liabilities and employees as well, stood transferred to the concerned DCCB. Thereafter, the services of the employees were integrated and Act 14 of 1994 i.e. The Andhra Pradesh Single Window Cooperative Credit Structure at the State Level Act, 1994 came to be passed, which came into effect from 30.4.1994. Thereafter, One Man Committee came to be constituted vide G.O. Ref. No. 930 dated 18.7.1994 under the Chairmanship of Sri M.V.S.Prasad, which submitted its report in March, 1995. After consideration of the recommendations, the Government issued GO Ms. No. 338 dated 11.12.1998 modifying the recommendations of the Committee with reference to the equation of the Junior Officers of the Agricultural Development Bank with that of the Manager of the State Co-Operative Bank. The modification adopted by the Government was without any difference between the Junior Officer (NT) of the Agricultural Development Bank and were equated with the Managers of the State Co-Operative Bank and the interse seniority shall be reckoned from the date of appointment. The petitioners in the Writ Petition No. 36045 of 1998 challenged that part of the GO and the consequential Rule inserted in the A.P. Co-Operative Societies Act. The respondents 5 to 8 in the above Writ Petition – appellants in Writ Appeal No. 152 of 2000, two of whom are Junior Officers and the other two are Staff Assistants, opposed the writ petition and supported the contentions of the first respondent – Government, inter alia contending that the recommendations of the One Man Commission under the Chairmanship of Sri MVS Prasad, in proposing to integrate the Junior Officers of above ten years of service with that of the Manager of the State Co-Operative Bank and creating a separate cadre with the Junior Officers less than ten years of service, is not rationale, unreasonable and without any basis for such classification. It is the case of the first respondent that creation of a new cadre of Assistant Manager between the cadres of Staff Assistant and Manager will create lot of operational problems, though it is admitted that the duties and responsibilities are alike. The learned Single Judge on extensive consideration of the contentions raised by the learned counsel on either side, while allowing the WP No. 36405 of 1998 has dismissed the W.P. No. 14478 of 1999. It is observed by the learned Single Judge that while integrating the Junior Officers above ten years with Managers, the Committee was justified in fixing the basis of integration in the ratio of 1:1 and, therefore, the first respondent without any reason or justification, ignored the same and issued the impugned G.O. and ultimately held that the integration of Junior Officers (Non-Technical) of the Agricultural Development Bank with less than ten years of Services with that of the Managers of the State Co-Operative Bank and fixing the interse seniority on the basis of their appointment in the cadre, in which they were working on regular basis, as on 30.4.1994 is arbitrary, unreasonable and consequently while setting aside the same, directed the first respondent to give effect to the recommendations of the Three Men Committee insofar as Integration of Junior Officers and fixing their interse seniority is concerned. GO Ms. No. 338 Agriculture & Cooperation (Coop.VI) Department dated 11.12.1998, is issued on consideration of the Report of the Committee constituted under the Chairmanship of Mr. M.V.S.Prasad, IAS, which deals with the integration of erstwhile A.P. Cooperative Central Agricultural Development Bank with A.P. State Cooperative Bank and has recommended application of State Cooperative Bank pay and allowances to the employees of the Agricultural Development Bank, with an option to remain in the existing scale till their retirement or till their next promotion, while protecting the pay of Agricultural Development Bank employees. The said G.O. recommends the issue to be examined in detail by a Committee with the Registrar of Cooperative Societies and Chairman, Managing Director of the State Cooperative Bank, Deputy/Joint/Addl. Secretary of Finance Department and Cooperation Department, in consultation with various Service Unions and also to study the pay structure of few State Cooperative Banks and submit its recommendations within three months. While suggesting this examination by the Committee, the GO also mandates that pending submission of report by the Committee, the employees and Officers will be governed by their respective Service Rules as far as pay scale and allowances and other Service Finance benefits are concerned. Heard in extenso the learned counsel for the appellants and the respondents. Having gone through the entire material available on record, we do not find any material, which suggests that any exercise has been undertaken by the official respondents for preparation of the seniority lists in pursuance of the integration of services. Therefore, under the above circumstances, since the writ petitions are filed even before the preparation of the Seniority List in pursuance of the integration of services, as required under the provisions of the A.P. Cooperative Societies Act and also the promotions have not been effected, we are of the considered view that no cause of action arose for the writ petitioners. As stated earlier, in so far as the relief sought in Writ Petition No. 36405 of 1998 is to quash GO Ms. No. 338 dated 11.12.1998, which relates to equating the post of Junior Officer (Non-Technical) in the erstwhile Andhra Pradesh Cooperative Central Agriculture Development Bank with that of the post of Manager in the Andhra Pradesh State Cooperative Bank is concerned, the same also cannot be entertained in view of the fact that the said GO recommends for the constitution of a Committee consisting of the Registrar of Cooperative Societies and Chairman, Managing Director of the State Cooperative Bank, Deputy/Joint/Addl. Secretary, Finance Department and Cooperation Department to examine the issue in consultation with various Service Unions and to submit its report within three months. There is no material placed on record to show that the said Committee has been constituted and it has submitted its final report, in pursuance of which, any promotions have been effected. In view of these facts, taking into consideration the totality of circumstances, we are of the considered view that the writ petition No.36405 of 1998 does not deserve consideration. Accordingly, we hold that the there was no cause for the learned Single Judge either to struck down the GO Ms. No. 338 Agriculture & Cooperation (Coop.VI) Department dated 11.12.1998 or to hold that the consequent amendment to Rule 73-B of the A.P. Cooperative Societies Rules, 1964 is arbitrary, unreasonable and unjust, as held by the learned Single Judge. Under the above circumstances, we set aside the order passed by the learned Single Judge dated 14.12.1999 in W.P. No. 36405 of 1998 and 14478 of 1999 to the extent indicated above. Consequently, the Writ Appeal Nos.152, 213 and 319 of 2000 are allowed and Writ Appeal No. 329 of 2000 filed by the petitioner in WP No. 14478 of 1999 is dismissed. However, it is made clear that this judgment does not preclude any of the parties to approach this Court as and when there is any cause of action, for adjudication of their rights. ____________________ Justice T.Meena Kumari _______________________ Justice Ramesh Ranganathan August 5, 2008 MAS. ........REGISTRAR To 1. 2.2 CD copies Form-NIC-OGS/WA { }