R K MALIK DEPUTY SPINNING MASTER, HAFED SPINNING MILLS, HANSI Vs. HARYANA STATE COOPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED, CHANDIGARH

JUDGEMENT

(1.) "Whether the petitioner is entitled to the grant of officiating allowance for the period from 25.10.1991 to 28.8.1995 in view of the provisions of Rule 4.22 of the Punjab Civil Services Rules , Volume I, Part 1 when he was working as Spinning -cum-Production Manager in additional to his own duties as Deputy Spinning Master in the Haryana State Cooperative Supply and Marketing Federation Limited (hereinafter to be referred as Hafed) - is the only spiral question which has arisen in this writ petition filed under Article 226 of the Constitution of India by the petitioner -Shri R.K. Malik.

(2.) Facts which have given rise to the determination of the point are as follows:-

(3.) Petitioner (R.K. Malik) was working as Deputy Spinning Master in the Hafed in the pay scale of Rs. 2200-4000/- Vide order Annexure P 1 passed by the General Manager of the Hafed Spinning Mills, Hansi he was directed to work as Spinning -cum-Production Manager in addition to his own duties. Vide order Annexure P2 dated 22.9.1986, the respondent (Hafed) had taken a decision that in future the officiating allowance shall be paid to the employees of the Hafed in accordance with the provisions of Rule 4.22 of the Punjab Civil Services Rules , Volume I, Part 1. He made representations Annexure P3 and P4 for the grant of the officiating allowance to him in terms of Rule 4.22. (3) of the said rules reiterating the own decision of the Hafed Annexure P2. A spacial report was also called in September 1994 vide Annexure P5 on his performance as Production Manager for the month of September and October 1994 to enable the management to consider his request. Matter was put up before the Board of Directors of the Hafed. A meeting of the Board of Directors of Hansi Cooperative Spinning Mills Limited was held on 13.2.1995 at Chandigarh. Item N6.8 was there on the agenda for consideration and approving the grant of officiating allowance to him. No decision was, however, taken in that meeting of the Board of Directors and the matter was postponed to be placed before the Board of Directors for consideration and approval. He made representation Annexure P7 for the grant of officiating allowance to him @ 10 % of the basic pay which he was drawing as Deputy Spinning Master has been declined by the Board of Directors. Decision of Board of Directors to this effect is prejudicial and discriminatory to him inasmuch as similar allowance was given to one Shri S.K. Bansal, Technical Officer who was given! the additional charge of the post of Spinning-cum-Production Manager in accordance with the decision Annexure P-2. Similar allowance has been allowed to one Shri Ram Niwas, Electrical Supervisor who was deputed to perform the duties of the higher post in view of decision Annexure P2 taken by the Hafed. Post of the Spinning-cum-Production Manager is in the higher pay scale of Rs. 3700 - 5000 carrying higher responsibilities while the post of Deputy Spinning master carries a lower pay scale of rs.2200-4000 carrying lesser responsibilities. Respondents opposed this writ petition urging that no writ is maintainable against a cooperative society. Hansi Cooperative Spinning Mills is a cooperative society. Cooperative society is not a "State " within the meaning of Article 12 of the Constitution of India and as such it is not amenable to the writ jurisdiction of this court. Petitioner is an employee of the Hansi Cooperative Spinning Mills, Hansi. He is not an employee of the Hafed. As such the decision Annexure P2 taken by the Hafed is not applicable to him. His claim was rejected by the Board of Directors on the basis of his unsatisfactory report during the period in question in their meeting held on 25.7.1995. On the basis of the special report Annexure R2 of Additional Managing Director, Hafed-cum-General Manager, Hansi Cooperative Spinning Mills showing that his performance was unsatisfactory during the period in question his claim was rejected.