IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 16757 of 2008 Between: Velamuri Sundara Rama Sarma S/o Satyanarayana, Buchireddypalem Co-operative Rural bank Limited, No. K69, Buchireddypalem mandal, Nellore District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, Co-operatvie, Department, rep by its District Co-operative Officer, Nellore, Nellore District. 2 The Divisional Co-operative Officer, Kavali, Nellore District. 3 The Buchireddypalem Co-operative Rural bank Limited, No. K69, Bhchireddypalem mandal, Nellore District rep byits President. .....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 a writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents more particularly 3rd respondent in not implementing the pay revision Commission (PRC). of 2005 which came into existence NO. 01-04-2005 as per the bye laws of the 3rd respondent society and also by taking into consideration the proceedings issued by the 1st respondent in Rc. No. 702/2007/C, dated 05- 06-2007 and declare the same as illegal, arbitrary and violative of article 14 and 21 of the Constitution of India and contrary to the bylaws of the 3rd respondent society and consequently direct the respondents to implement the PRC. of 2005 which came into existence on 01-04-2005 and pay the arrears of salary, gratuity and leave encashment and other beneﬁts which the petitioner is entitled as per P.r.C. of 2005 and to pass such other order or orders as it may deem ﬁt and proper in the circumstances of the case. Counsel for the Petitioner: MR.L.V.S.NAGARAJU Counsel for the Respondents: GP FOR COOPERATION The Court made the following ORDER: The petitioner was employed as a Clerk in the third respondent-Bank. He retired from service on 30.11.2006. The petitioner made a representation, dated 19.02.2007, to the respondents with a prayer to implement the report of Pay Revision Commission of 2005, which is said to have come into force with effect from 01.04.2005. His grievance is that though the Joint Registrar of the Cooperative Department, Nellore had addressed a letter, dated 05.06.2007, the third respondent had not taken any action so far. Heard the learned counsel for the petitioner and the learned Government Pleader for Cooperation. It is for an individual Cooperative Society, to prescribe the emoluments for its employees, depending upon its ﬁnancial status. The special byelaws upon which the reliance is placed by the petitioner is only to the eﬀect that subject to allotment sanctioned by the General Body, the Board of Directors may prescribe the strength of the establishment, as well as the salaries to be paid on par with the salaries of the Government employees. The said provision, by itself, does not make it obligatory on the part of the third respondent to accept and implement the recommendations of every Pay Revision Commission. Much would depend upon the ﬁnancial position and the administrative requirement. At any rate, the petitioner has since retired from service. The Joint Registrar did nothing more than requiring the third respondent to examine the representation. When admittedly the third respondent did not adopt the recommendations of the Fifth Pay Revision Commission, this Court cannot compel them to shoulder the ﬁnancial burden, based upon the said recommendations. Hence, the writ petition is dismissed. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dt:04.08.2008 kdl