- (1.) There are applications filed at the instance of persons, who claimed to be Secretaries. The issues in the writ petitions contained a challenge to the order of the reversion made by the Deputy Registrar, Cooperative Societies, setting aside the resolution passed by the Board of Directors. The applicants' grievance is that the seniority has been affected in the process. The applicants will have an independent remedy to challenge the same and cannot be heard in this writ petition relating to the impugned orders of reversion. The applications for impleadment are dismissed. CWP Nos.14838, 15412, 15496 & 15551 of 2010 (O&M)
(2.) All the four writ petitions are at the instance of persons, who had been promoted to the post of Clerks after a resolution of Board of Directors. The impugned orders are issued by the Deputy Registrar in purported exercise of the powers under Section 27(1) of the Haryana Cooperative Societies Act of 2009, holding that the resolution passed by the Board of Directors on 04.02.2010 approving the promotion granted to the petitioners was erroneous. Based on the proceedings of the Deputy Registrar on 12.07.2010, a subsequent order was issued by the Managing Director reverting the petitioners to the respective original posts that they have held before being promoted as Clerks.
(3.) The grounds of challenge to the orders passed are essentially that there had been a decision taken by the Registrar, Cooperative Societies, for creation of two cadres of Secretaries of PACS and while giving effect to the decision, it was stated as follows:- "4. All the existing Secretaries of the PACS will be designated as Grade 'A' Secretaries. The pay scales of Grade 'A' Secretaries will be 1400-40-1600-50- 2300-EB-60-2600, and their posts will be equivalent to that of the Clerks, interchangeable with each other. The matter regarding the fixation of their inter se seniority requires details examination and as such instructions in this regard will be issued in due course of time. 5. The pay scale of Grade B Secretaries will be Rs.600-15-1010-EB-20-1150-EB-25-1500. It has also been decided that 50% of Grade B Secretaries will be filled up from amongst the Salesmen/Clerks." This was followed by a subsequent letter dated 21.01.1997 dealing with the subject of creation of two cadres of Secretaries. The relevant portions of the memo issued by the Registrar of the Cooperative Societies would require to be replicated:- "Since the cadre of the Secretaries was lower to that of Clerks as on 5.5.1995, so the seniority to the 'A' grade Secretaries can be given by keeping them at tail (end) of the Clerks on that day i.e. 5.5.1995. Before finalizing the seniority on the above proposed lines, it has been decided to invite objections from both sides i.e. from Clerks & Secretaries through Managing Director by bringing this proposal to the notice of all the Secretaries & Clerks.";