V.K. Shukla, J. - (1.) PETITIONERS , in writ petition No. 11112 of 1980 are questioning the validity of the action dated 11.11.1980, wherein Mathura Zila Sahkari Bank Limited, Mathura has communicated that all promotions, which have been made after July 25, 1972 are being cancelled with effect from 11.11.1980. Petitioners submit that District Cooperative Bank, Mathura is a Central Cooperative society registered under the U.P. Cooperative Societies Act, 1965. Petitioners have contended that Committee of Management of District Cooperative Bank, Mathura was suspended in exercise of power vested under Section 35(1) of the U.P. Cooperative Societies Act, 1965, and the Assistant Registrar, Cooperative Societies, Mathura, was appointed as Administrator to run and manage the affairs and the administration of the Bank. Petitioners have claimed that initially, they had been performing duties as junior clerk and thereafter, they had been promoted to higher post. Petitioners have further contended that their promotion was validly made and there was no short coming in the same. Petitioners have contended that in spite of the fact that they had been validly promoted, order dated 11.11.1980 has been passed.
(2.) ON presentation of writ petition this Court stayed the operation of the aforementioned order and the stay continued to remain operative, and on the strength of interim order, petitioners continued to discharge duties on the promoted post. The said writ petition was dismissed in default on 20.05.2003. Based on the order dismissing writ petition in default, order dated 31.08.2005 reverting the petitioners has been passed. At this juncture writ petition No. 69498 of 2005 has been filed. On presentation of this writ petition, record of earlier writ petition No. 11112 of 1980 was directed to be clubbed together. Counter affidavit has been filed in the main writ petition, and therein it has been contended that each one of the petitioners was promoted after the prescribed cut -off date, as such they had no right to continue on the post, as the said promotion had been made without taking any prior concurrence of the UP. Cooperative Institutional Service Board, and as such promotion of petitioners were void and petitioners had no right to continue on the posts in question.
(3.) AFTER pleadings aforementioned have been exchanged, both the writ petitions have been taken up together for final hearing and disposal with the consent of the parties.;