THE HON’BLE SRI JUSTICE C.V.RAMULU WRIT PETITION No.2717 of 2005 Dated: 08.06.2010 Between: K. Veerabhadra Rao. .. Petitioner. And The Government of A.P. rep. by its Secretary, Agriculture and Co.operative Society, Secretariat Buildings, Hyderabad And others. .. Respondents. ORDER: It appears, initially the petitioner was appointed as Engineering Supervisor on 01.08.1969 in the erstwhile Primary Agricultural Development Bank, Pathipadu, and subsequently, in the year 1984, he was transferred to Anakapalli Primary Agricultural Development Bank, Visakhapatnam. While so, the Primary Agricultural Development Banks (P.A.D.Bs.) were abolished and merged with the District Co- operative Central Banks (D.C.C.Bs.) by amending Act 1 of 1987, and the employees of the erstwhile P.A.D.Bs were absorbed into the services of the D.C.C.Bs concerned. It is the case of the petitioner that the Government issued G.O.Ms.No.132, dated 03.03.1993, specifying equation of all the cadres of the employees of the erstwhile P.A.D.Bs with those of the cadres of the employees of D.C.C.Bs as per Rule 73 of the A.P. Co-operative Societies Rules, 1964 (for short ‘ A.P.C.S. Rules’), but unfortunately the cadre of Engineering Supervisor, which is direct recruitment cadre in between the cadre of Accountant and Manager and has equal status of the Assistant Manager, is left untouched by not equating it with any cadre of employees in D.C.C.Bs. However, as per the suggestion of the A.P. State Co-operative Bank that the Engineering Supervisors can opt for the time scale benefits of Accountant, which is lower cadre, the respondents issued Circular Instructions dated 23.08.1994. The petitioner contends that his case for promotion to the post of Category-III Manager was not considered only on the ground that his cadre of Engineering Supervisor is not equated with any cadre of employees in D.C.C.Bs and the respondents have withheld the amount paid to him towards wage parity. It is the further case of the petitioner that, on his attaining superannuation, he retired from service as Engineering Supervisor on 30.09.1998 and subsequently the Government issued G.O.Ms.No.112, dated 13.04.1999, amending Rule 73 of A.P.C.S. Rules, to the effect that future vacancies of Managers in D.C.C.Bs shall be filled up by promotion from the common pool of Assistant Managers, Executive Officers, Engineering Supervisors or Accountants of erstwhile P.A.D.Bs and Accountants of the D.C.C.Bs on the basis of merit-cum- seniority principle and also taking into account the vacancies to be filled by direct recruitment. The grievance of the petitioner is that since he was deprived of being promoted as Category-III Manager while he was in service, as per G.O.Ms.No.112, dated 13.04.1999, issued subsequent to his retirement, he is entitled for notional promotion and therefore seeks a direction for notional promotion as Category-III Manager with effect from 31.08.1987 on par with his juniors and also for payment of withheld increments. In the counter affidavit filed by the 4th respondent, it is specifically stated as under: “…The Commissioner for Co-operation and Registrar of Co-operative Societies vide memorandum R.C.No.57474/94/K.6 dated 19.11.1994 has communicated the supplemental instructions/guidelines to be followed in regard to implementation of wage parity under Rule 73, wherein the Registrar of Cooperative Societies clarified that the cadre of Engineering Supervisors cannot opt for the pay scales of Accountant (lower cadre) of the District Cooperative Central Banks since there is no equated posts provided to Engineering Supervisors in the District Cooperative Central Banks in Rule 73. The petitioner’s pay was fixed in the Special Grade Promotion Post Scale of the Accountant of the District Cooperative Central Bank as per the circular of the A.P. State Coop. Bank Limited No.7 (A) P1 (F)/94-95 dated 23.08.1994 that in case of Engineering Supervisors opt for the scale of Accountant in the District Cooperative Central Banks, the management should have no objection to extend the same since there is no corresponding scale for Asst. Managers/Executive Officers/Engineering Supervisors. In view of the clarification of the Registrar of Cooperative Societies vide circular Rc.No.57474/94/K.6 dated 19.11.1994, the wage parity extended to the complainant was withdrawn vide Proc. No.Estt/Rule 73/94-95 dated 29.11.1994 of the Bank and the amounts paid towards wage parity to him for the period 01.01.1993 to 30.11.1994 were kept under Adj. Heads due to recoverable from him. With reference to para 6, I submit that the petitioner retired from the services of the Bank on 30.09.1998. The Government through Gazette Notification No.8, dated 16.04.1999, amended Rule 73 (iv) making the Engineering Supervisor’s eligible for promotion to the post of Manager along with the category of accountants in District Cooperative Central Banks. The amendment to the rules shall be effective from the date of Gazette Notification i.e., 16.04.1999. The petitioner retired from the Bank’s service by 30.09.1998 itself has no claim for consideration of the amended rule w.e.f. 16.04.1999. The petitioner is not entitled for notional promotion as Category III Manager as it was not provided in Rule 73 on the date of his retirement…” In view of the aforesaid stand taken by the 4th respondent in his counter affidavit, the plea of the petitioner cannot be countenanced, as the same is unreasonable. Thus, no relief as prayed by the petitioner can be granted. However, if the petitioner has any grievance as to sanctioning of increments while he was in service, scale of pay etc., it is always open to him to approach the competent authority by filing appropriate application, and on filing such application, the authority concerned shall consider the same and pass appropriate orders within a period of eight weeks from the date of filing of such application. The writ petition is, accordingly, disposed of. No order as to costs. _____________ C.V.RAMULU,J 08.06.2010 v v