- (1.) D. S. Sinha, J. Heard Sri Shambhoo Nath Srivastava, learned counsel for the petitioner and Sri Ram Krishna, holding brief of Sri Tiloki Nath, learned counsel representing the respondent No. 1. No body has appeared for the respondent No. 2.
(2.) THE order dated 2nd February, 1986, a copy where of is Annexure '2' to the peti tion, is under challenge in this petition under Article 226 of the Constitution of India. By the impugned order the services of the petitioner, a cadre Secretary, were dis pensed with. Alongwith the order a cheque of Rs. 1488/- equivalent to three months' salary was enclosed. With effect from 19th August, 1976 centralised service comprising of the postof Secretaries of Primary Agricultural Cooperative Credit Societies, registered or deemed to be registered under the U. P. Cooperative Societies Act, 1965, was con stituted and Rules regulating the strength, scale of pay, qualifications, absorption of certain employees and recruitment etc. were framed. These Rules are known as the Uttar Pradesh Primary Agricultural Cooperative Credit Societies Centralised Service Rules, 1976, here in after called the 'rules'. Rule 4 of the Rules, as it then stood, provides scales of pay of Secretaries of dif ferent categories of Societies. Four categories of the Societies were stipulated there in. Rule 6 of the Rules provides that strength of the posts of each category of the centralised service shall be fixed- category-wise from time to time by the District Com mittee with the approval of the Secretary of the Authority. The method of recruitment to the centralised services is provided in Part VII of the Rules. Rule 24, as it stood at the relevant time, namely, the date on which the petitioner was absorbed in the centralised service, provides two modes of recruitment. Firstly, by direct recruitment; and secondly, by promotion. A person recruited to the centralised service, either directly or by promotion, was to be placed on probation fora period of two years, which period could be extended for a further period of six months.
(3.) PART VI of the Rules contemplates absorption of certain employees. Rule 20 figuring in PART VI provides that the existing employees of the societies at the commen cement of the Rules shall be deemed to be provisionally absorbed in the centralised service. Rule 21 says that existing employees of the Societies taken provisionally on the strength of centralised services shall be finally absorbed in the said service after their screening in accordance with the in structions issued by the Registrar, Coopera tive Societies, in this behalf. Thus, the employees of the Cooperative Societies ab sorbed, either provisionally or finally, formed a class different from the employees recruited either directly or by promotion. The provision for absorption of the employees was by way of meeting the situa tion till the regular recruitment was held and to protect the interest of the existing employees of the Primary Agricultural Cooperative Credit Societies. Rule 30 of the Rules enjoined upon the State Cadre Authority for Primary Agricultural Cooperative Societies to frame regularisations, with the approval of the Registrar, Cooperative Societies, U. P. for the members of the centralised service on their service matters which might, inter alia, include method of promotion, appoint ment, probation, confirmation and ter mination. Accordingly, the State Credit Authority for the Primary Agricultural Cooperative Societies framed regulation known as the Uttar Pradesh Primary Agricultural Cooperative Credit Societies Centralised Service Regulations, 1978, here in after referred to as the 'regulations'.;