IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SEVENTH DAY OF JULY TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 15904 of 2003 Between: 1 Ogili Guruvaiah s/o Gunnaiah PACS Kogili., Chittamur Mandal., Nellore District. 2 Loka Siva Prasad s/o Ramaiah PACS Eswaravaka., Chittamur Mandal., Nellore District. 3 Narravula Narayana s/o Venkata Subba Naidu PACS Chittamur., Chittamur Mandal., Nellore District. 4 Chittamuru Lakshmi Prasada Rao s/o Venkata Subbaiah PACS Chittamur., Chittamur Mandal., Nellore District. 5 Kuncha Vijayat Ratnam s/o Penchalaiah PACS Gollapalem., Vakadu Mandal., Nellore District. 6 Mulam Venugopal s/o Rangaiah PACS Kogili., Chittamur Mandal., Nellore District. 7 Eduru Raghu Ram s/o Narasaiah PACS Eswaravaka., Chittamur Mandal., Nellore District. 8 Avadhanam Ravi s/o Venugopala Sarma PACS Yellasiri., Chittamur Mandal., Nellore District. ..... PETITIONERS AND 1 The Government of Andhra Pradesh Cooperation Department rep.by its Secretary., Secretariat., Hyderabad. 2 The Commissioner for Cooperation and Registrar of Coop.Societies., Nampally., Hyderabad. 3 The District Co-operative Officer., Nellore. 4 The Nellore District Co-operative Centra Bank Ltd., rep.by its General Manager., Nellore. 5 The Deputy Registrar of Cooperative Societies-cum-Divisional Cooperative Officer., Gudur., Nellore District. 6 The Branch Manager., Vakadu Branch Nellore District Co-operative Central Bank., Nellore District. 7 Kogili PACS., Kogili, Chittamur Mandal., Nellore District rep.by its President/ Person-in-charge. 8 Eswaravaka PACS, Eswaravaka., Chittamur Mandal., Nellore District rep.by its President/ Person-in-charge. 9 Chittamur PACS Chittamur, Chittamur Mandal, Nellore District rep.b Its President/ Person-in-charge. 10 Gollapalem PACS, Gollapalem, Vakadu Mandal, Nellore District rep.by Its President/ Person-in-charge. 11 Yellasiri PACS., Yellasiri, Chittamur Mandal, Nellore District rep.b its President/Person-in-charge. .....RESPONDENTS 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 issue an order, Writ or direction more particularly a Writ of Mandamus under Article 226 of Constitution of India, declaring the resolutions passed by the respondent societies 7 to 11 on 13-06-2003 and set aside the same consequently direct the respondents to fix the salaries of the petitioners on the basis of 28 of the working capital as provided under section 116 C of the Act r/w Rule 36 B of Rules and by declaring the action of the respondents is illegal, arbitrary and contrary to the Section 116C of the A.P.Co-op. Societies Act r/w 36 B of the Rules apart from violative of Article 14 and 21 of the Constitution of India Counsel for the Petitioners: MR.P.SRIDHAR REDDY Counsel for the Respondent No.1, 2, 3& 5: G.P. for CO-OPERATION. Counsel for the Respondent No.4: K. MURALIDHAR REDDY Counsel for the Respondent Nos. 6 to 11:--NP-- The Court made the following : :ORAL ORDER: The petitioners are employees of respondent Nos. 7 to 11—Primary Agricultural Co- operative Societies (for short PACS). These PACS passed resolutions on 13-06- 2003 reducing the salaries of their respective employees in order to conform to the mandatory requirements of Section 116-C of the A.P. Co-operative Societies Act, 1964 (for short ‘the Act’) in the context of their respective financial positions. Aggrieved thereby, the writ petition is filed. The petitioners do not establish any liability on the part of the State Government to pay them the salaries. This liability is exclusively that of the respondent Nos. 7 to 11—PACS. The petitioners also do not establish that the respondent Nos. 7 to 11—PACS are State within the meaning of Article 12 of the Constitution of India. The validity of the provisions of Section 116-C of the Act have been upheld by this court. In the above circumstances, the writ petition itself is not maintainable nor any relief could be granted to the writ petitioners, on merits. The writ petition is accordingly dismissed. The petitioners are, however, at liberty to pursue appropriate alternative remedy as is available to them at law. No costs. _________________________ GODA RAGHURAM, J Dt. 27-07-2004 Pvks/* To 1 The Secretary, the Government of Andhra Pradesh Cooperation Department Secretariat., Hyderabad. 2 The Commissioner for Cooperation and Registrar of Coop.Societies., Nampally., Hyderabad. 3 The District Co-operative Officer., Nellore. 4 The General Manager, the Nellore District Co-operative Central Bank Ltd., Nellore. 5 The Deputy Registrar of Cooperative Societies-cum-Divisional Cooperative Officer., Gudur., Nellore District. 6 The Branch Manager., Vakadu Branch Nellore District Co-operative Central Bank., Nellore District. 7 The President/Person-in-charge, Kogili PACS., Kogili, Chittamur Mandal., Nellore District. 8 The President/Person-in-charge, Eswaravaka PACS, Eswaravaka., Chittamur Mandal., Nellore District 9 The President/Person-in-charge, Chittamur PACS Chittamur, Chittamur Mandal, Nellore District. 10 President/Person-in-charge, Gollapalem PACS, Gollapalem, Vakadu Mandal, Nellore District. 11 President/ Person-in-charge, Yellasiri PACS., Yellasiri, Chittamur Mandal, Nellore District. 12.2CCs to the Government Pleader for Co-operation, A.P. High Court Buildings, Hyderabad (OUT). 13.2CD copies