Rakesh Tiwari, J. - (1.) Heard counsel for the parties and perused the record.
(2.) The case of the petitioner is that he was promoted on the post of Branch Manager w.e.f 30.6.1990 in pursuance of reservation policy as he belongs to Scheduled Caste community. The petitioner was allowed to continue in the promotional post till he retired from service w.e.f. 31.1.2005, i.e. for a period of 161/2 years.
(3.) It is vehemently urged by counsel for the petitioner that it is evident from the above that the petitioner was working as Branch Manager and the impugned order of his reversion from the post and recovery from salary with retrospective effect from 1.1.05 is illegal and deserves to be quashed. He further urged that his services cannot be dispensed with for want of approval by the U.P. Co-operative Institutional Service Board, Lucknow. In support of his argument, he placed implicit reliance upon The Nayagarh Co-operative Central Bank Ltd. v. Narayan Rath and Anr., 1977 SCC (L&S) 532 : AIR 1977 SC 112 wherein Hon'ble Supreme Court has held that: "The writ petition filed by respondent No. 1 could succeed, in our opinion, on the narrow ground that he had been permitted to function for over fifteen years as Secretary of the Bank and that his appointment as Secretary was decided upon in a meeting over which the Registrar of Co-operative Societies had himself presided. The writ petition in substance is directed not against any order passed by the Co-operative Bank but against the order passed by the Registrar disapproving the appointment of respondent No. 1 as Secretary of the Bank. It was not open to the Registrar, in our opinion, to set aside respondent 1's appointment as a Secretary after having acquiesced in it and after having for all practical purposes, accepted the appointment as valid. It is undesirable that appointments should be invalidated in this manner after a lapse of several years.";