S.R. Singh, J. - (1.) Present is a bunch of six petitions being based on same cause of action and involving common questions of law, arising out of one and the same process of selection for appointment on the posts of Secretary, Primary Agricultural Co-operative Societies in the District of Gorakhpur undertaken in March-April 1984, followed by confidential communication contained in letter Cadre/SC/40098/103/dated Gorakhpur June, 17, 1985 written by Deputy Registrar, Co-operative Societies U. P. Gorakhpur to member Secretary, District Administrative Committee, U. P. Gorakhpur asking the letter to appoint ten candidates enumerated therein, who arc said to have been selected by the same Selection Committee, which is said to have selected the petitioners as well, in its meeting held on 24-4-1984. As such, I purpose to decide the above petitions by a common judgment with the consent for the learned Counsel appearing for the parties. Writ Petition No. 3665/91, Shiv Kumar v. District Administrative Committee shall be the leading file.
(2.) Before embarking upon narration of facts giving rise to these petitions, it would be useful for proper appreciation of the controversy involved in the case and the arguments advanced by the learned counsel for the parties to delineate certain provisions of law germane the discussions to be dwelt upon hereinafter.
(3.) Section 122-A (1) of the U. P. Co-operative Societies Act, 1965 (in short 'the Act) provides that notwithstanding anything contained in the Act, the State Government may, by rules provide for the creation of one or more services of such employees of such co-operative Societies or Class of co-operative societies as the State Government may think fit, common to such co-operative societies and prescribe the method of recruitment, appointment, removal and other conditions of service of persons appointed to any such service. In exercise of this power, the State Government has made rules known as The Uttar Pradesh Primary Agricultural Co-operative Societies Centralised Service Rules, 1976 (in short 'the rules') tide Notification No. C-91/XII-C-2/1976 published in U. P. Gazette Extra dated 19-8-1976, according to Rule 2 (c) whereof 'Centralised Service' means service, which includes posts mentioned in Rule 3. The relevant rules, as these stood at the relevant time, run thus : "3. Formation of Centralised Service. The Centralised Service shall comprise of the posts of Secretaries of the Societies. 4. Scales of Pay.The Scales of pay of the Secretaries of different categories of societies shall, unless revised by the Registrar, Co-operative Societies, U. P. from time to time, be as follows : JUDGEMENT_75_LAWS(ALL)10_1991_1.html 5. Qualifications. - No person shall be appointed as Secretary of a Society unless he fulfills the following minimum educational qualifications and such other condition as laid down by the Registrar under Section 120 of the U. P. Co-operative Societies Act, 1965 (Act XI of 1966) and the Rules framed thereunder JUDGEMENT_75_LAWS(ALL)10_1991_2.html 23. No person shall be appointed on any post included in the Centralised service unless he fulfils such conditions as may be prescribed in these Rules in respect of educational qualifications, age, experience and training. 24. Appointment of any post included in the Centralised Service shall be - (i) by direct recruitment, or (ii) by promotion. 25. Direct Recruitment. - All vacancies in the Societies of Category IV shall be filled up by direct recruitment by the Regional Committee. For this purpose the Committee shall ask for names of suitable candidates fulfilling the necessary conditions prescribed for the post from the District Employment officers of all the districts of the Region. The names to be asked for shall be three times of the number of vacancies to be filled. The recruitment shall be made by the Regional Committee by holding a written test and viva as may be prescribed by the Registrar, Cooperative Societies, U. P. The candidates shall be recruited with due regard to the representation or Schedule Castes, Scheduled Tribes and the dependents of freedom fighters as per orders issued by Government from time to time with regard to representation of these classes in Government Service : Provided that recruitment in the manner laid down above shall be made by a Selection Committee consisting of the following:- JUDGEMENT_75_LAWS(ALL)10_1991_3.html 26. Recruitment by promotion.(1) In accordance with the regulations framed by the Authority with the approval of the Registrar, the vacancies in the societies of Category II and III shall be filled up by the District Committee by promotion of employees of the societies of a category immediately below the category of the societies the vacancies of which are to be filled up. The promotion shall be made on the principle of seniority subject to rejection of the unfit. (2) The vacancies in the societies of Category I shall be filled up by the District Committee by appointment of Co-operative Supervisors made available by the Co-operative Union or by appointment of the A. D. Os. (Co-operative) made available by the Registrar, Co-operative Societies, U. P. Provided that notwithstanding anything contained in Rule 4, if there is increase in the annual lending of a Society of Category If, as a result of which its classification is changed from Category 11 to Category I, the Secretary of such Society shall continue to hold the post of the Secretary of that Society and he shall without prejudice to the over all seniority be entitled to the same pay scale as admissible to a time scale Supervisor of the U. P. Co-operative Union and shall draw his salary, dearness allowance and additional dearness allowance admissible to the Supervisor of the aforesaid Union. His pay in the aforesaid scale shall be fixed at a stage immediately above the stage in the scale in which he was drawing his pay as secretary of the Society of Category II. xx xx 30. Miscellaneous (I) Subject to the provisions of these rules, the Authority shall flame regulation with the prior approval of the Registrar, Co-operative Societies, U. P. for the members of Centralised Service on their Service matters which may, inter alia include : (i) Method of promotion, appointment, probation, confirmation and termination ; (ii) Service records, seniority, reversion, retrenchment and resignation ; (iii) Pay scales, allowances, increment, joining time, leave, efficiency bar etc.; (iv) Conduct and discipline, penalties, disciplinary proceeding and appeals; (v) Provident fund, gratuity, security and advance. (2) So long as the regulations referred to in sub-rule (1) are not framed, all or any matters referred therein shall be governed by such orders or directions as may be issued by the Authority with the approval of the Registrar. (3) Any matter not covered in these rules shall be governed by such directions as may be issued by the Authority with the approval of the Registrar. (4) If any doubt or dispute arises in the application of these rules, the reference shall be made to the Registrar whose decision shall be final and binding on all concerned.";