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2002 Supreme(AP) 839

Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY, V.ESWARAIAH
A.P.State Co-operative Societies Secretaries and Employees Union - Appellant
Versus
Government Of A.P. - Respondent
Decided On : 07-12-02

Headnote:

Administrative Tribunals Act, 1985 - Sections 5, 8,12 and 36 - Amended by Act 22 of 2001 - Section 116-C - Constitution of India 1950 - Article 226 - Extraordinary jurisdiction - Revision of pay scales - Doctrine of "equal pay for Equal Work" - Pay scales/revised pay scales - Praying to issue a Writ of mandamus declaring action of respondents in not applying the revision of pay scales with effect from 1-4-1996 on par with Category-V Supervisors of district Co-operative Central Banks (DCCBs) and applying the earlier scales of pay to the members of the petitioner-Union by Memo as arbitrary, illegal, unjust, against principles of natural justice and opposed to doctrine of "equal pay for Equal Work" and violative of fundamental rights guaranteed under Articles 14, 16 and 21 of Constitution - - Petitioner-Union accordingly prays for appropriate further directions directing the respondents to pay the enhanced scales of pay to members of petitioner-Union on par with the Category-V Supervisors of District Co-operative Central Banks with effect from 1-4-1996 and for grant of all consequential benefits – Whether members of petitioner- union are entitled for revision of pay scales with effect from 1-4-1996 on par with category-V Supervisors of the District Cooperative Central Banks - Held, Mere characterisation of an enactment as an arbitrary one itself is not enough to strike down the same as violative of Article 14 of the Constitution of India. Some or other constitutional infirmity has to be found before invalidating an enactment. The court s perception that an enactment is an unjustified one itself is not a ground for striking down the enactment - Court may strike down a provision only on two grounds, viz. lack of legislative competency and inconsistency with or derogation of fundamental rights guaranteed by Constitution or of any other constitutional provision. It is very well settled that an enactment can be struck down as violative of Art. 14 of constitution of only if it is found that it is violative of equality clause/equal protection clause enshrined therein. Only such provisions are liable to be declared void - Petitioner miserably failed to make out any case whatsoever for striking down the provisions - writ petition dismissed.

B. SUDERSHAN REDDY, J.

( 1 ) THE Andhra Pradesh State Co-operative societies Secretaries and Employees Union invokes the extraordinary jurisdiction of this court under Article 226 of the Constitution of India praying to issue a Writ of mandamus declaring the action of the respondents in not applying the revision of pay scales with effect from 1-4-1996 on par with the Category-V Supervisors of the district Co-operative Central Banks (DCCBs) and applying the earlier scales of pay to the members of the petitioner-Union by Memo No. 59283/97/k2, dated 25-9-1997 as arbitrary, illegal, unjust, against the principles of natural justice and opposed to the doctrine of "equal pay for Equal Work" and violative of the fundamental rights guaranteed under Articles 14, 16 and 21 of the Constitution of India. The petitioner-Union also prays for issuance of an appropriate writ declaring Sections 5, 8,12 and 36 of the Administrative Tribunals Act, 1985 (for short the Tribunals Act ) as unconstitutional and opposed to the Basic structure of the Constitution of India. The petitioner-Union accordingly prays for appropriate further directions directing the respondents to pay the enhanced scales of pay to the members of the petitioner-Union on par with the Category-V Supervisors of the District Co-operative Central Banks with effect from 1-4-1996 and for grant of all consequential benefits.

( 2 ) DURING the pendency of the writ petition, the petitioner-union. filed w. P. M. P. No. 387 of 2001 seeking leave of this court to amend the prayer in the writ petition so as to include a challenge of section 116-AA of the Andhra Pradesh Cooperative Societies Act, 1964 (for short the act ). The petitioner-union accordingly prays for grant of appropriate declaration declaring Section 116-AA of the Act unconstitutional being violative of articles 14,16,21,39 (a), (b), (c), 41,42 and 43 of the Constitution of India.

( 3 ) THE petitioner-union filed yet another w. P. M. P. No. l693 of 2002 challenging the constitutional validity of sub-section (1) of section 116-C of the Act as amended by Act 22 of 2001 being violative of Article 14 of the constitution of India.

( 4 ) BEFORE we proceed further to discuss as to whether the petitioner-union is entitled for any relief and as to whether Sec. 116-AA of the Act suffers from any constitutional infirmities, it may be made clear that during the course of hearing of the writ petition, the learned Senior Counsel appearing on behalf of the petitioner-union did not press the issue relating to the constitutional validity of sections 5, 8,12 and 36 of the Tribunals Act. Therefore, there is no need to express any opinion whatsoever with regard to that particular portion of prayer challenging the said provisions of the Tribunals Act. In fact it is not known as to why the petitioner had chosen to challenge the vires of provisions of the Administrative Tribunals Act.

( 5 ) THE only question that survives for consideration of the court is as to the constitutional validity of Section 116-AA and 116-C of the Act and also the issue as to whether the members of the petitioner- union are entitled for revision of pay scales with effect from 1-4-1996 on par with category-V Supervisors of the District Cooperative Central Banks.

( 6 ) THE members of the petitioner-union are working as Secretaries in different primary Agricultural Co-operative Societies (PACSs) in the State of Andhra Pradesh.

( 7 ) IT is their case that during the year 1973, the Registrar of Co-operative Societies in exercise of the powers under Sec. 116-A of the Act has constituted a common cadre in respect of the Secretaries of the Societies with a view to provide qualified Secretaries to the Societies under the "half-a-million job" programme of the Central Government. It is stated that under the said programme about 2000 Secretaries were appointed in the year 1973 on a consolidated pay of Rs. 150. 00 per month In the year 1977 all the existing societies were reorganised


































































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