P. S. NARAYANA, J. ( 1 ) HEARD the Counsel on record at length at the stage of admission of this writ appeal. ( 2 ) THIS writ appeal is preferred by the unsuccessful writ petitioner Sri B. Narsing rao, aggrieved by the order dated 17-9-2004 made in W. P. No. 5151/97. ( 3 ) SRI V. L. N. G. K. Murthy, the learned counsel representing the appellant/writ petitioner had taken this Court through the respective pleadings of the parties and also the order which had been challenged in the present writ appeal and had pointed out that the 1st respondent resolved on 2-11-1994 and 2-3-1995 to request the Government to permit A. P. Khadi and Village Industries board, hereinafter in short referred to as "board" for the purpose of convenience, to pay regular scales to the in-charge functional Managers and the Government did not respond. The Counsel would maintain that in view of the fact that the Government had been shown as the 2nd respondent, separate counter-affidavit should have been filed in view of the divergent stands taken by the respective parties. The learned counsel pointed out that two counter- affidavits substantially of the same nature were filed only by the Chief Executive officer of the 1st respondent and hence there are no proper pleadings at all denying the allegations made in the affidavit filed in support of the writ petition. The Counsel also pointed out that the Chief Executive officer is only an authority to implement the resolution of the Board. The learned counsel also pointed out that the stand taken that as in-charge Functional Manager the appellant/writ petitioner was not discharging any additional duties is not a sustainable stand and the same is factually incorrect too. The Counsel pointed out that the resolutions passed by the Board requesting the Government to accord permission to fill up the vacancies of functional Managers on in-charge basis would go to show that the appellant/ writ petitioner is entitled to the said scales during the period in which he worked as in- charge Functional Manager. The Counsel also pointed out that the very fact that the Board requested the Government to permit payment of regular scales of pay itself would go to show that the appellant/ writ petitioner was discharging the duties and responsibilities of a Functional Manager. The Counsel also pointed out that the very fact that the Board requested the Government to permit payment of regular scales of pay itself would go to show that the appellant/ writ petitioner was discharging the duties and responsibilities of a Functional Manager. The learned Counsel made certain submissions in elaboration relating to the principle of equal pay for equal work and also had pointed out to the relevant portions of the order which had been questioned in the present writ appeal. ( 4 ) PER contra, the learned government Pleader for Services-I, Sri kjanakiram Reddy and Ms. Prasoona had taken this Court through the order made by the learned Single Judge and also had pointed out to the A. P. Khadi and Village Industries board Employees (Recruitment and Service conditions) Regulations, G. O. Ms. No. 26, industries and Commerce, dated 5-2-1996 which are hereinafter referred to as "regulations" in short, made in exercise of the powers under Section 29 of the A. P. Khadi and Village Industries Board Act, 1958 (Act 4 of 1959) in short referred to as "act" for the purpose of convenience, and had pointed out that these Regulations came into force subsequent to the retirement of the appellant/writ petitioner. The Counsel representing the respondents also had taken this Court through Sections 10, 14 and 29 of the Act and the relevant Regulations and had pointed out that in the light of the findings recorded by the learned Judge that the appellant/writ petitioner had not discharged any additional duties, responsibilities or functions and inasmuch as he was only an in-charge Functional Manager at the relevant time, and also in view of G. O. Ms. No. 141, dated 6-3-1981, it cannot be said that the appellant/writ petitioner is entitled to any additional scale in view of the fact that he had functioned as in-charge functional Manager for sometime. The learned Counsel also had pointed out to the additional counter-affidavit and also the counter-affidavit where substantially the same stand had been taken by the Chief executive Officer. The learned Counsel also had pointed out to the additional counter-affidavit and also the counter-affidavit where substantially the same stand had been taken by the Chief executive Officer. ( 5 ) THE appellant/writ petitioner filed w. P. No. 5151/97 praying for a writ, order or direction one in the nature of mandamus directing respondents to pay arrears of salary as per scale of pay attached to Functional Managers, Grade-II, from the date of his taking charge as functional Manager and all consequential benefits with regard to leave salary, pension and gratuity, etc. , and pass such other suitable orders. The learned Judge by order dated 17-9-12004 after considering the respective pleadings of the parties ultimately arrived at the conclusion that there are no merits in the writ petition and accordingly dismissed the same without costs. Aggrieved by the same, the present writ petition had been filed. ( 6 ) THE learned Single Judge had recorded certain findings at Para-9 as hereunder:"it is a fact that the Government sanctioned eleven additional posts of Functional managers. In fact, the affidavit of the petitioner itself shows that these Additional posts are Development Officers to work as functional Managers, may be with higher scale of pay. But, as long as the petitioner was not regularly promoted, he cannot claim the scale attached to the said post. Further, it is the contention of the respondents that the petitioner was not entrusted with any additional duties and responsibilities even after he was given in-charge of the functional Manager post and he was discharging the same functions, which he was discharging as Development Officer. When once there is no change in the duties and responsibilities which the petitioner was discharging prior to the in- charge arrangement, he cannot contract any benefit. In fact, the matter came up for hearing on earlier occasion and it was adjourned after hearing in order to ascertain whether the benefit of higher scale of pay was extended with reference to the other similarly placed persons, who are subsequently regularly promoted after framing of the Rules. On ascertainment, the learned Counsel for the petitioner reported that the scale of pay was not extended to those persons for the period for which they were holding the posts as in-charges. Therefore, there is no merit in the contention of the petitioner that he was discriminated. On ascertainment, the learned Counsel for the petitioner reported that the scale of pay was not extended to those persons for the period for which they were holding the posts as in-charges. Therefore, there is no merit in the contention of the petitioner that he was discriminated. No doubt, some other persons, who were regularly promoted as Functional Managers might have been paid the scale of pay attached to those posts, but, the petitioner and others during the interregnum petitioner till the Rules are approved by the government, were asked to hold the posts as in-charges. None of them were paid with the scale of pay attached to the said posts for that period. Therefore, there is no merit in the contention of the petitioner that he was discriminated when such benefit of higher scale of pay was not extended to any other person, who also held the post by way of in-charge. The petitioner was treated on par with others. Merely, because the petitioner retired immediately after the approval of the Rules and he could not get the benefit of regular promotion because of his retirement, he cannot claim that he was discriminated". ( 7 ) THE Board was constituted under the Act. Section 29 of the Act dealing with power to make Regulations reads as here under: 1. The Board may, with the previous sanction of the Government, by notification, make regulations, not inconsistent with this Act and the rules made thereunder, for enabling the Board to discharge its functions under this Act. 2. In particular and without prejudice to the generality of the foregoing power, such regulations may provide for all or any of the following matters, namely: (a) the terms and conditions of appointment and service and the scales of pay of the chief Executive Officer and other Officers and servants of the Board, including payment of travelling and daily allowance in respect of journeys undertaken by such officers and servants for the purpose of this Act; (b) the time and place of meetings of the board, the procedure to be followed in regard to transaction of business at such meetings and the quorum necessary for the transaction of such business as at a meeting; (c) the delegation of powers and duties of the Board to the Standing Finance committee, the Chief Executive Officer or any employee of the Board. (d) the maintenance of minutes of meetings of the Board and the transmission of copies thereof to the Government. (e) the persons by whom and the manner in which payment, deposits and investments may be made on behalf of the Board. (f) the custody or moneys required for the current expenditure of the Board and the investment of moneys not so required. (g) the form in which and the scale of fees to be revised for granting the certificates of genuinness of khadi and Products of village Industries may be granted by the board and the procedure for the grant of such certificates. (h) the Government may, by notification, modify or rescind any regulation made and thereupon the regulation shall stand modified accordingly or shall cease to have effect, as the case may be. Special provision: Notwithstanding anything in the Principal Act the members of the Board holding offices at the commencement of this act shall continue to hold their offices until new members are appointed under the provisions of Section 3 of the Principal Act, as amended by this Act, and enter upon their offices. Section 10 dealing with Officers and servants of the Board reads as here- under: 1. The Government shall appoint the Chief executive Officer, the Financial Adviser and Chief Accounts Officer and Chief executive Officer and other persons to fill the posts carrying equivalent scales of pay to those aforesaid either on deputation or otherwise. 2. The Chief Executive Officer shall be the principal Administrative Officer of the board and shall exercise such powers and discharge such duties as may be prescribed or as may from time to time, be delegated to him by the Board or by the Chairman and shall be directly responsible for the due fulfillment of the purposes of this Act. 3. Subject to such rules as may be made by the Government in this behalf, the board may with the prior sanction of the government, appoint such other officers and servants as it may consider necessary for the efficient performance of its functions. All the officers and servants of the Board shall be subordinate to the Chief Executive Officer. 3. Subject to such rules as may be made by the Government in this behalf, the board may with the prior sanction of the government, appoint such other officers and servants as it may consider necessary for the efficient performance of its functions. All the officers and servants of the Board shall be subordinate to the Chief Executive Officer. Section 14 of the Act dealing with Power of Government to give directions which may be relevant for the present purpose reads as hereunder:"in the exercise of their powers and in discharge of their functions under this Act, the Board and the Chief Executive Officer shall be bound by such directions as the government may give to them: provided that any directions given by the government to the Chief Executive Officer immediately before the commencement of andhra Pradesh Khadi and Village Industries board (Amendment) Act 1981, shall be deemed to have been given under this section". ( 8 ) THE post of Functional Manager is not one of the posts created under the regulations initially and by G. O. Ms. No. 38, industries and Commerce dated 8-1-1975, a committee headed by Sri S. R. Ram Murthy was constituted to consider the reorganization of the working of the Board and also to suggest various other measures. The recommendations were examined by a subcommittee of the Government at the secretariat level and after examining the recommendations made by Sri S. R. Ram murthy Committee, keeping in view the recommendations made by the sub- committee, the Government in G. O. Ms. No. 141, dated 6-3-1981 accepted the recommendations aforesaid and the relevant portion of G. O. Ms. No. 141, dated 6-3-1981 reads as hereunder :"in the G. O. first read above, the Government constituted a Committee with Sri S. R. Rama murthy, I. A. S. , the then Secretary to government, Industries and Commerce department as Chairman to consider the reorganization of the working of the andhra Pradesh Khadi and Village Industries board, Hyderabad and also to suggest various measures necessary to improve its functioning and also to enable it to provide better employment opportunities to the Rural Artisans. The Committee after visiting Tamil Nadu and Maharashtra states and studying the working of the khadi Boards of these States submitted a report to the Government containing in all 40 recommendations. The Committee after visiting Tamil Nadu and Maharashtra states and studying the working of the khadi Boards of these States submitted a report to the Government containing in all 40 recommendations. These recommendations were examined by a Sub-Committee consisting of the then Secretary to government, Industries and Commerce department, Joint Secretary to Government, finance and Planning Department and the chief Executive Officer, Andhra Pradesh khadi and Village Industries Board etc. The Sub-Committee had submitted its recommendations keeping in view the recommendations made by the earlier main committee. 2. The Government have examined the recommendations made by Sri S. R. Rama murthy Committee and keeping in view the recommendations made by the Sub- committee have decided to accept them as detailed in the annexure to this order. The chief Executive Officer, Andhra Pradesh khadi and Village Industries Board is requested to implement the orders of the government passed on these recommendations expeditiously. 3. The Government felt that there was definite increase in the developmental activities of the Board, which warrants strengthening of the staff of this organization both at Headquarters and at the field level. Keeping in view the recommendation made by Sri S. R. Rama Murthy Committee and the sub-committee referred to above, and the role to be played by the Andhra pradesh Khadi and Village Industries Board in the rural reconstruction the Government accord sanction to the creation of the following additional posts for the Andhra pradesh Khadi and Village Industries board with the scales of pay indicated against each for a period of one year in the first instance from the date of filling up of the posts subject to the conditions laid down thereunder"