Saumitra Dayal Singh, J. - (1.) This writ petition has been filed against the order dated 19.05.2016 passed by the Secretary/Chief Executive Officer, Agra District Cooperative Bank Limited, Agra. By that order the salary payable to the petitioner was redetermined and reduced. It was held that the petitioner is not entitled to the benefit of an earlier order dated 10.05.2012 whereby the petitioner's salary had been fixed at a higher amount in view of the Government Order dated 08.12.2008 read with Government Order dated 17.06.2011.
(2.) Before coming to the exact reasons recorded and the submission advanced in that regard, certain facts are necessary to be noted. The petitioner was originally appointed as Cooperative Supervisor on 15.09.1997 by the U.P. Cooperative Institutional Service Board (hereinafter referred to as the Bank) and he was posted on deputation at the Provincial Cooperative Union now known as U.P. Cooperative Provincial Union (P.C.U. in short). He remained in service of the P.C.U. and served at various post from 2001 to 2008, at the District Cooperative Bank Limited, Agra. On 14.07.2008, petitioner was granted appointment on the post of clerk-cum-cashier by the said Bank where he joined on 16.07.2008 and has been working since then.
(3.) Under Regulation 10 of the U.P. Cooperative Societies Employees Service Regulations, 1975 (hereinafter referred to as the Regulations), the petitioner was entitled to pay protection. Provision of Regulation 10(iii)(4)(c) that is relevant to the present case is quoted herein below:- "10. (i)................ ii)............... (iii)Where permanent employee of a Co-operative Society opts for absorption in the services of another Co-operative Society, such absorption may be granted by the Board on the following terms and conditions, namely: (1).............. (2)............. (3)............. (4)The initial pay of the employee in the time-scale attaching to the post under the new Cooperative Society, as on the date of absorption, shall be regulated as follows: (a)............. (b)............. (c)When appointment to the new post is made on the employee's own request and the maximum pay admissible in the time-scale of that post is less than the substantive pay of the employee in respect of the old post, he will draw that maximum as initial pay.";