HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.27040 of 2009 Date: April 19, 2010 Between: C. Anil Kumar, S/o. C. Ramesh, aged about 26 years, Member of Ananthapur Town Bank, R/o.H.No.8/139-B, Gujzarpet, Ananthapur, Ananthapur District, and three others … Petitioners And Commissioner for Cooperation & Registrar of Cooperative Societies, Gruhakalpa Buildings, Nampally, Hyderabad, and five others … Respondents Order: Though miscellaneous petitions are listed for hearing, at the request of learned counsel on either side, the writ petition itself is taken up for hearing and disposed of by this order. The first petitioner is a member of the fourth respondent-Ananthapur Cooperative Town Bank, a Cooperative Society registered under the A.P. Cooperative Societies Act, 1964 and respondents 2 to 4 are its Ex-Vice President, Ex-Director and Ex-President respectively. They filed this writ petition seeking Mandamus declaring the action of respondents 4 to 6 in proposing to fill up vacancies in the Bank as per notification dated 30-11-2009, published in Vaartha daily as illegal and arbitrary. The grievance of the petitioners is that the aforesaid employment notification has been published inviting applications to fill-up one post of Secretary and eleven posts of Clerk-cum- Cashier/Computer Assistant, but, there is no sanctioned strength, to do so, from the competent authority. As such, they filed this writ petition seeking directions to restrain the respondents from filling up vacancies which were not sanctioned in the cadre strength of the fourth respondent- Bank. Separate counter affidavits are filed by the fourth respondent-Bank and respondents 1 to 3. In the counter affidavit filed by the President of the fourth respondent-Bank, it is stated that the sanctioned strength in respect of the staff of the Bank was earlier 24, but on the request made by the Bank for additional requirement of 5 posts, the same was sanctioned by the first respondent vide Rc.No.11791/09UA-1, dated 21-10-2009. It is stated that in view of retirement and death of some of the employees working in the Bank and after giving promotion to existing employees, 8 vacancies arose apart from newly sanctioned 5 vacancies. It is further stated that though the petitioners are aware of the sanctioned strength and newly sanctioned posts, suppressing the same, they have filed the present writ petition. With reference to the notification dated 30-11-2009, it is stated that the said notification was issued for 12 vacancies taking into consideration the existing vacancies in the Bank and also additional 5 posts sanctioned by the first respondent. In the counter affidavit filed on behalf of respondents 1 to 3, it is stated that as per the provisions of Section 31(A) of the A.P. Cooperative Societies Act, 1964, the Managing Committee of the Society is competent to fix the staffing pattern and pay-scales of employees with prior approval of the General Body and Registrar of Cooperative Societies. It is stated that having regard to workload and due to increase of business turnover, the fourth respondent-Bank has requested for sanction of one additional post of Accountant and four clerical cadre posts in addition to existing staff. Taking into consideration the financial position of the Bank and in view of the fulfilling of norms prescribed for approval of staffing pattern and pay-scales, the Registrar of Cooperative Societies, has also approved proposals for sanction of five additional posts to the Bank, by proceedings dated 21-10-2009. In the said counter affidavit, respondents have also reiterated the stand that the proposals of the Managing Committee are approved by the Registrar of Cooperative Societies. Though it is pleaded on behalf of the petitioners that the vacancies notified vide notification dated 30-11-2009 are beyond the sanctioned strength of the fourth respondent- Bank, in view of the averments made in the detailed counter affidavits filed on behalf of the respondents, it appears, the respondents are taking steps to fill up vacancies within the sanctioned strength and additional posts sanctioned by the competent authority. In absence of any material placed before this court by the petitioners evidencing that vacancies are being filled beyond the sanctioned strength, the action of the respondents in filling up vacancies as per notification dated 30-11-2009 cannot be found fault. However, if any steps are taken to fill up vacancies in the fourth respondent-Bank beyond the sanctioned strength, it is always open to the petitioners to approach the Registrar of Cooperative Societies, with supporting material. In such an event, it would be open to the said authority to consider the plea of the petitioners and take steps in accordance with law. For the aforesaid reasons, the writ petition is dismissed, however, in the circumstances, with no order as to costs. ____________________ (R. SUBHASH REDDY, J) April 19, 2010 MRR