JUDGEMENT
D.P.S.Chauhan, J. -
(1.) These 12 writ petitions posted for admission involve identical questions for determination.
Counsel for the parties are also the same. Counter and rejoinder affidavits have been exchanged
except in one writ petition. At the request of the counsel for the parties, writ petitions were heard
on merits for being decided finally under the second proviso to Rule 2 of Chapter XXII, Rules of
Court.
(2.) Brief facts leading to the petitions are
(a) Sri Subhash Chandra, petitioner in Writ Petition No. 4982 of 1988, was deputed for
completing the records of the Co-operative Cane Development Union Limited, Bijnor, by the
District Cane Officer in the capacity as District Assistant Registrar, Cane Co-operative Society,
Bijnor (for brevity, 'the District Assistant Registrar'). He was deputed in exercise of the powers
contained in Rule 365 of the U.P. Co-operative Societies Rules, 1968 (for brevity, hereinafter
referred to as 'the Rules')vide order dated March 11, 1988 on the remuneration as payable to a
seasonal clerk. This order was cancelled by the District Assistant Registrar vide letter No. 2083/C/Committee dated July 27, 1988, as finds mention in the impugned communique letter No.
615/C dated October 26,1988/ November 9, 1988 issued by the Secretary of the Co-operative
Cane Development Union Limited, Bijnor, which is the subject matter of challenge in this
petition.
(b) Sri Anil Kumar petitioner in Writ Petition No. 643 of 1989, was deputed for completing the
records of the Co-operative Cane Development Union Limited, Bijnor, by the District Assistant
Registrar, in exercise of powers under Rule 365 of the Rules, vide order dated October 9, 1987
on the remuneration as payable to a seasonal clerk. This order was cancelled by the District
Assistant Registrar vide No. 2083/C/Committee dated July 27, 1988, as finds mention in the
impugned letter No. 615/C dated October 26, 1988/November 9, 1988 issued by the Secretary,
Co-operative Cane Development Union Limited, Bijnor, which is the subject matter of challenge
in this petition.
(c) Sri Ram Prasad, petitioner in Writ Petition No. 1410 of 1989, was deputed for completing the
records in the Co- operative Cane Development Union Limited, Bijnor, by the District Assistant
Registrar, in exercise of power under Rule 365 of the Rules, vide order dated June 3, 1987 on the
remuneration as payable to a seasonal clerk, which order was cancelled by him vide letter No.
2083/ C/Committee dated July 27, 1988, which finds mention in the impugned communique
letter No. 618 dated October 26, 1988/ November 9, 1988 issued by the Secretary, Cane
Development Union Limited, Bijnor. This order is the subject matter of challenge in this
petition.
(d) Sri Asambeer Singh, petitioner in Writ Petition No. 1412 of 1989, was deputed for
completing the records in Co-operative Cane Development Union Limited, Najibabad, by the
District Assistant Registrar, in exercise of power under Rule 365 of the Rules, vide order No.
2662/C dated August 7, 1986. The services of the petitioner was subsequently terminated on the
basis that the season 1987 88 has come to an end vide order dated June 30, 1988 issued by the
Secretary, Cane Development Union Limited, Najibabad. This order is the subject matter of
challenge in this petition.
(e) Sri Brijendra Singh, petitioner in Writ Petition No. 1413 of 1989, was deputed for completing
the records in the Co-operative Cane Development Union Limited, Bijnor, by the District
Assistant Registrar in exercise of power under Rule 365 of the Rules vide order dated April 6,
1988, which was cancelled by him vide letter No. 2083/C/Committee dated July 2, 1988, as finds
mention in the impugned communique No. 624/C dated October 26, 1988/November 2, 1988
issued by the Secretary, Co-operative Cane Development Union Limited, Bijnor, which is the
subject matter of challenge in this petition.
(f) Sri Ranvir Singh, petitioner in Writ Petition No. 1415 of 1989, was deputed for completing
the records in Co-operative Cane Development Union Limited, Najibabad by the District
Assistant Registrar, in exercise of power under Rule 365 of the Rules, on the remuneration as
payable to a seasonal clerk vide order dated May 1, 1987, which was cancelled by him vide
order No. 2083/C/ Committee dated July 27, 1988, as finds mention in the communique letter
No. 610/C dated October 26, 1988/November 2, 1988 issued by the Secretary of the
Co-operative Cane Development Union Limited, Najibabad, which is the subject matter of
challenge in this petition.
(g) Sri Manvendra Pal Singh and Chandra Pal Singh, petitioners in Writ Petition No. 17234 of
1986, were appointed by the District Assistant Registraar, Co-operative Cane Development
Union Limited, Bijnor, in the year 1970 as seasonal Payment Clerk (Cashier), as stated in para 1
of the petition. In this case, the services of the petitioners were terminated under the orders of the
District Assistant Registrar No. 3920/2 I/Confidential dated October 7, 1986 as per communiue
issued by the Secretary, Cane Development Union Limited, Bijnor, dated October 8, 1986. In
this case the petitioners have not filed their appointment order so as to disclose as to by whom
they were appointed and under what powers. In this case, no counter affidavit has been filed by
which correct facts could have been ascertained.
(h) Sri Subhash Chandra s/o Sri Chandrapat Singh, petitioner in Writ Petition No. 2827 of 1989,
was deputed for completing the records of the Co-operative Cane Development Union Limited,
Bijnor, by the District Assistant Registrar, in exercise of powers under Rule 365 of the Rules, on
the amount as payable to a seasonal clerk, vide order No. 826/C dated March 19, 1988, which
was cancelled by him vide order No. 2083/C/Cpmmittee dated July 27, 1988, as finds mention in
the impugned communique dated October 26, 1988/November 2, 1988, which is the subject
matter of challenge in this petition.
(i) Sri Devendra Kumar, petitioner in Writ Petition No. 2828 of 1989, was posted for completing
the records of the Co-operative Cane Development Union Limited, Najibabad, by the District
Assistant Registrar, in exercise of power under Rule 365 of the Rules on the remuneration as
payable to a seasonal clerk, vide order No. 823/C dated March 19, 1988, which was cancelled by
him vide letter No. 2083/C/Committee dated July 27, 1988, as finds mention in the impugned
communique letter No. 625/C dated October 26, 1988/November 2, 1988 issued by the
Secretary, Co-operative Cane Development Union Limited, Bijnor, which is the subject matter of
challenge in this petition.
(j) Sri Yashwant Singh, petitioner in Writ Petition No. 2829 of 1989, was posted for completing
the records in Co-operative Cane Development Union Limited, Bijnor, by the District Assistant
Registrar, in exercise of powers under Rule 365 of the Rules, vide order dated April 21, 1988 on
the remuneration as payable to a seasonal clerk, which was cancelled by him vide order No.
2083/C dated July 27, 1988, as finds mention in the impugned communique dated November 2,
1988 issued by the Secretary, Co- operative Cane Development Union Limited, which is the
subject matter of challenge in this petition.
(k) Sri Satyendra Singh, petitioner in Writ Petition No. 4983 of 1989, was deputed for
completing the records of the Co-perative Cane Development Union Limited, Bij-nor,by the
District Assistant Registrar, in exercise of powers under Rules 365 of the Rules, on the amount
as payable to a seasonal clerk, vide order No. 824/C dated March 19, 1988, which was cancelled
by him vide letter No. 2083/C/Committee dated July 27, 1988, as finds mention in the impugned
communique No. 617/C dated October 26, 1988/November 2, 1988 issued by the Secretary,
Co-operative Cane Development Union Limited, Bijnor, which is the subject of challenge in this
petition.
(l) Sri Tej Pal Singh, petitioner in Writ Petition No. 1411 of 1989, was deputed for completing
the records of the Co- operative Cane Development Union Limited, Bijnor, by the District
Assistant Registrar, in exercise of his powers under Rule 365 of the Rules, on the remuneration
as payable to a seasonal clerk, vide order No. 681-82 dated February 17, 1988, which was
cancelled by him vide order No. 2083/C/Committee dated July 27, 1988 as finds mention in the
impugned communique letter No. 609/C, dated October 26, 1988/November 2, 1988 issued by
the Secretary of the Co-operative Cane Development Union Limited, Bijnor, which is the
subject-matter of challenge in this petition.
(3.) That the position of the petitioners in all, the writ petitions except Writ Petn. No. 17234 of
1986, Manvendra Pal Singh v. District Cane Officer, and Writ Petition No. 1412/89 Asambeer
Singh v. D.C.O. is identical as in these petitions the petitioners were deputed by the District
Assistant Registrar in exercise of powers under Rule 365 of the Rules for the purposes of
completion of the records and the order of deputation came to an end by an order passed by the
District Assistant Registrar, and as such the cases of all these petitioners can be considered
together, as they are founded on identical questions of facts and of law.;