K. S. SHRIVASTAV, J.

( 1 ) THE petitioner in this writ petition under Article 226 of the Constitution of India, challenges the resolution whereby the managing Committee of the 1st Respondent has created additional posts of Assistant Divisional engineers and promoted the Respondents No. 4 and 5 to the aforesaid posts, alleging that it is in violation of Section 116-C of the A. P. Cooperative Societies Act, 1964 and for declaration that is entitled for promotion to the post of Assistant Divisional Engineer.

( 2 ) IT is not disputed before me that the petitioner was employed as Supervisor/additional assistant Engineer on 1-12-1971 in the Cooperative Electric Supply Society limited, Sircilla (in short cess ) vide proceedings No. 2156/71, dated 29-10-71. His one annual grade income was stopped with cumulative effect and costs of 10 bags of cement was recovered from him vide proceedings dated 24-12-74 and in the cadre of Supervisor/additional Assistant Engineer, his seniority was fixed vide Proceedings no. 991/71 of the Chairman, CESS, and he was placed at Serial No. 4 in the seniority list vide Memo No. 841, dated 2-4-1982. There were 10 posts of Supervisors/additional assistant Engineers and three posts of assistant Divisional Engineers in CESS. The Board of Directors/managing Committee of CESS passed a Resolution No. 10 on 13-9-1988 whereby one Additional post of additional Divisional Engineer was sanctioned and vide proceedings No. 1454/88, dated 14-9-88 one Sri Gurasharan Singh was promoted as Assistant Divisional Engineer who was placed at Serial No. 2 in the seniority list of the Supervisor/additional Assistant engineer of CESS. An Election Notification for elections to the Board of Directors/managing committee was issued by the election Officer on 22-9-1988. Thereafter, the Board of Directors/managing Committee of CESS passed another Resolution No. 5, dated 27-9-1988 and sanctioned two additional posts of Assistant Divisional Engineers by upgrading one post of Assistant Engineer/ stores and one new post of Assistant divisional Engineer. The Respondent No. 4 who was placed at Serial No. 5 and the respondent No. 5 who was placed at Serial no. 7 in the seniority list of Supervisor/additional assistant Engineer, were promoted against these posts vide proceedings dated 28-9-88.

( 3 ) THE petitioner has alleged that he was placed at Serial No. 4 in the seniority list of the Supervisor/additional Assistant engineer and, therefore, was senior to the respondents 4 and 5. The term of the managing Committee of the 1st Respondent was to expire on 16-10-1988 and notification for election was issued on 22-9-1988. Yet, the then managing committee of the 1st respondent with a view to favour the respondents No. 4 and 5 hastily created two additional posts of Assistant Divisional engineers without obtaining prior approval from the Registrar of Societies in accordance with Section 116-C of the A. P. Cooperative societies Act 7 of 1964 (in short Act 7 of 64 ), on 27-9-1988 and on the very next day that is on 28-9-1988 promoted the 4th and 5th Respondents to the post of Assistant divisional Engineers, ignoring the seniority and claim of the petitioner and, therefore, the impugned resolution whereby additional posts were created is illegal and consequently the promotion of the 4th and 5th Respondents to the post of Assistant Divisional Engineers is void and it should be quashed.

( 4 ) THE 1st Respondent, through its counter, alleged that the special bye-laws relating to the service conditions of the employees of cess provide that the staff of CESS shall consist inter alia Assistant Engineers and their pay scale has also been fixed. The post of Assistant Divisional Engineers has to be filled by promotion. Passing of accounts test was necessary to become eligible for promotion. The petitioner had not passed the accounts test at the relevant time while the Respondents No. 4 and 5 had passed the accounts test. Bye-law No. 13 (iv) of CESS empowers th

Click Here to Read the rest of this document