R.A.Sharma, J. - (1.) PETITIONER was initially appointed as Accountant in Cooperative Society. Later on he was appointed as its Secretary. In 1978 his services were terminated against which he has filed this writ petition.
(2.) RESPONDENTS have filed counter affidavit and Petitioner has filed rejoinder affidavit in reply thereto. I have heard learned Counsel for the parties. Under Section 122 -A of the U.P. Cooperative Societies Act, 1965 provisions for creation of centralised services of such employees of such Cooperative Societies or class of Cooperative Societies as the State Government may think fit have been made. This section is reproduced herein -below: 122 -A. Centralisation of certain services. - (1) Notwithstanding anything contained in this Act, the State Government may by rules provide for the creation of one 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 prescribed the method of recruitment, appointment, removal and other conditions of service of persons appointed to any such service. (2) When any such service is created, all employee of such societies existing on the date of creation of such service on the posts included in such service, shall be deemed to have been provisionally absorbed in the service with effect from the date of creation of such service ; Provided that any such employee may, by notice in writing to the prescribed authority within the prescribed period, intimate his option of not becoming a member of such service, and in that event his services in the society shall stand determined with effect from the date of such notice and he shall be entitled to compensation from the society which shall be - (a) in the case of a permanent employee, a sum equivalent to his salary (including all allowances) for a period of one month or for the remaining period of his service, whichever is less. (b) in the case of a temporary employee, a sum equivalent to his salary (including all allowances) for a period of one month or for the remaining period of his service, whichever is less. (3) An employee provisionally absorbed under Sub -section (2) may be absorbed finally in the service if found suitable after screening in accordance with the instructions issued by the Registrar; and the service of any such employee as is not found . suitable for absorption in the service shall stand determined with effect from the date of issue of orders in that behalf by the prescribed authority and until such authority is prescribed by the officer specified by the Registrar in that behalf in such instructions and he shall be entitled to compensation as laid down in Clause (a) or Clause (b) of Sub -section (2) according as he was a permanent or a temporary employee.
(3.) IN pursuance of the above provisions, U.P. Primary Agricultural Co -operative Credit Society Centralised Service Rules, 1976 (hereinafter referred to as the Rules) were framed by the Government of U.P. creating centralised services for service of the Secretaries of the Primary Agricultural Co -operative Credit Societies. Before the Rules were enacted, the Petitioner was already appointed as a Secretary and on the date of their enforcement, he was holding the said post of Secretary. In view of the provisions of subsections (2) and (3) of Section 122 -A of the Act, the Petitioner stood provisionally absorbed in the centralised service with effect from the date of creation of such service and if he was not found suitable for final absorption, it was open to the Prescribed Authority to determine his service with effect from the date of issue of the order in that connection. But no order terminating his service was passed. ' In 1977, the Petitioner filed a writ petition No. 954 of 1978, which was dismissed with the observation that there is no order of termination of his service. The Petitioner, as such, continued to work as Secretary. However, on 26 -10 -1978 Petitioner was asked to handover charge of the post of Secretary and on inquiry he was informed that he will not be permitted to work, although no order terminating his service was passed or communicated to him. He appears to have called upon the Respondents but without any success. Hence this . writ petition for appropriate relief.;