S.S. Sudhalkar, J. - (1.) THE petitioners are the employees union and four employees of the Punjab State Cooperative Bank Limited (hereinafter referred to as the "Apex Bank"). Respondent No. 5 was appointed as a Junior Clerk in the Jalandhar Central Cooperative Bank (hereinafter referred to as "Jalandhar Bank"), She was appointed on 1.6.1984. In June, 1985, she came on deputation with the Apex Bank. She continued to be on deputation upto 31.7.1989. On 2.2.1990 she was again taken on deputation for one year and the term of the deputation was extended for one year. Her turn for promotion as Senior Clerk came in May, 1991 in the Jalandhar Bank. The Apex Court Bank wrote a letter that in case she wanted to remain on deputation, she will have to forego her promotion. Respondent No. 5 declined to forego the promotion as Senior Clerk ill Jalandhar Bank. Hence she was relieved from Apex Court Bank on 27.6.1991. However, after a week, she made a request for being sent on deputation with the Apex Bank vide letter dated 4.7.1991. She was allowed to serve in the Apex Bank on deputation w.e.f. 17.8.91 and she joined as Senior Clerk on deputation in the Apex Bank on 27.8.1991. Her last term for deputation was to expire on 26.8.99.
(2.) IN the meanwhile, on the basis of the recommendations of the Fourth Pay Commission and acceptance thereof by the Punjab Government, the Supervisory officer of the Apex Bank adopted the instructions dated 11.6.1998 issued by the Punjab Government for its employees. The relevant part of the instructions is as under : - "Regarding change of Cadre: - A Govt. employee of Distt. level cadre can exercise his option, once in his service period, to the District where husband/wife of the said employee is serving in Govt. or private sector. The seniority of the said employee who exercises his option will not be disturbed." It was adopted by the Apex Bank by resolution No. 49 dated 22.10.1998. However, vide resolution dated 28.4.1999 the adoption of the instructions was withdrawn by the Apex Court. Respondent No. 5 made an application for absorption in the Apex Bank with the benefit of seniority from the date of her joining the bank on deputation i.e. from 27.8.1991. The Board of Directors of the Apex Bank rejected her request on 6.1.1999. Respondent No. 5 made a representation to the Registrar, Cooperative Societies, Punjab, respondent No. 2, who decided that she could be absorbed in the Apex Bank if she consented to lose her seniority of Jalandhar Bank. This was the decision of respondent No. 2. It is dated 22.3.1999.
(3.) THEREAFTER , respondent No. 5 filed a Revision under Section 69 of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as "the Act") before respondent No. 1. The revision was allowed vide order dated 22.2.2000 and respondent No. 5 was ordered to be absorbed in the Apex Bank with seniority as senior Clerk w.e.f. 27.8.1991.;