( 1 ) THIS revision case has been filed challenging the order, dated 18. 10. 2007 in Crl. MP No. 1324 of 2007 on the file of the II Additional Munsif Magistrate, Repalle, wherein and whereby the petition filed by the petitioner herein was dismissed.

( 2 ) THE brief facts of the case are as follows: the petitioner herein is the Secretary of the second respondent -Nagaram Primary agricultural Co-operative Society (hereinafter referred to as 'second respondent-society' ). Initially he was appointed as Secretary vide proceedings No. 43 (2)79/riio/ps, dated 18. 7. 1979 and was posted at Rajavolu pacs, Repalle, Guntur District. Later on, he was allotted to Primary Agricultural Cooperative Society, Dhulipudi (for short 'dhulipudi PACS' ). His services were regularized as a permanent employee. However, on some allegations, he was placed under suspension by the Dhulipudi PACS. The petitioner challenged his suspension order by filing WP No. 16303 of 1999 and subsequently, he had withdrawn the writ petition on 17. 4. 2001 on the assurance given by the Divisional Co-operative Officer to consider his case. The Divisional cooperative Officer instructed the person-in-charge of the then Dhulipudi PACS to reinstate the petitioner into service and accordingly the Dhulipudi PACS passed a resolution on 26. 5. 2001 directing the petitioner to join into duty. The petitioner made a representation to the person-in-charge to pay subsistence allowance from the date of his suspension till his reinstatement into service i. e. , from 1. 5. 1997 to 31. 5. 2001. The dhulipudi PACS unanimously resolved on 31. 5. 2001 to pay arrears of salary to the petitioner from the funds of Dhulipudi PACS for the period of his suspension and the same was informed to the District Cooperative Central Bank, Guntur. As per the resolution, dated 31. 5. 2001, the petitioner is entitled to receive subsistence allowance for 49 months @ Rs. 6,080/- per month. The petitioner was paid Rs. 20,000/- on 12. 8. 1999 and Rs. 10,000/- and Rs. 66,528/- on 6. 6. 2001 and thus received a total amount of rs. 96,528/- only and the Dhulipudi PACS is still due to pay an amount of Rs. 1,99,824/-to the petitioner towards balance of subsistence allowance. Since the said amount was not paid to the petitioner, he filed wp No. 18998 of 2003 seeking a direction to the said society to pay the balance of subsistence allowance and the same was disposed of on 9. 9. 2004 giving liberty to the petitioner to file an application before the concerned authority within a period of two weeks. Then the petitioner filed an application in S. A. Case No. 1 of 2005 before the first respondent herein, which is the authority under the Andhra Pradesh Shops and Establishments Act, 1988 (for short 'act' ). While the said application was pending, as per clauses (i) to (v) and (viii)of sub-section (3) of Section 15-A of the a. P. Co-operative Societies Act, 1964, the district Collector (Co-operation) passed orders merging Dhulipudi PACS with the second respondent-society. Since Dhulipudi pacs was merged with the second respondent-society, the person-in-charge of the second respondent-society filed counter on 23. 8. 2005 in the said application admitting its liability to pay the remaining subsistence allowance to the petitioner. The second respondent-society also addressed a letter to the Divisional Co-operative officer, Tenali on 25. 8. 2005 admitting its liability to pay the subsistence allowance to the petitioner. Thereafter, the first respondent passed orders on 20. 10. 2005 directing the respondent therein to pay the due amount to the petitioner. No appeal has been filed challenging the said order and therefore, the order, dated 20. 10. 2005 became final. However, in spite of above direction, the second respondent-society has not implemented the said order. The petitioner had sent applications to the first respondent on 9. 12. 2006 and 29. 3. 2007 and the first respondent issued a show-cause notice to the second responden

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