- (1.) This judgment shall dispose of Civil Writ Petition Nos. 4831 and 4832 of 1981 as common questions of fact and law are involved in both these petitions.
(2.) The petitioners in these petitions were working as Clerks with the Bassi Pathana Primary Cooperative Land Mortgage Bank Ltd., Sirhind (hereinafter referred to as 'the Bank'). On 28th October, 1972, the Managing Committee of the Bank passed a resolution that two posts of Junior Accountant-cum-Senior Clerk be created, and according to seniority both the petitioners, namely, Swaran Singh and Jaswant Singh, be appointed against these posts, subject to the approval of the Registrar, Cooperative Societies, Punjab.
(3.) Later on, on 29th June 1975, by another resolution, the Administrator resolved to fix the pay scale of the petitioners as Rs. 250-15-325-EB-15-400/20-500 and allowed them to draw this scale of pay as approved by the Registrar, Cooperative Societies, Punjab, with effect from 1st July, 1975. Both the petitioners were later on, by another resolution dated 29th September, 1978, confirmed with effect from 1st July, 1975. They were also allowed to draw their annual increments vide order dated 19th May 1979 with effect from 1st July, 1979. In the meantime, on 15th June, 1978, the Registrar, Cooperative Societies, Punjab, approved the model service rules, namely, the Punjab State Cooperative Land Mortgage Banks Service (Common Cadre) Rules, 1978, under Section 84-A of the Punjab Cooperative Societies Act,1961. Rule 5(i) of the aforesaid Rules reads as under :- "5. Method of Recruitment. i) Recruitment to various categories of posts in a service at the time of its initial constitution shall be made by appointing authority by absorption of persons already in the service of Primary Banks in a corresponding post in appropriate category at the time of the constitution of the service; provided that they are found fit by an Authority appointed by the Board in this behalf for becoming member of the service after taking into consideration their qualifications and service record." In pursuance thereto, the Secretary of the Punjab State Cooperative Land Mortgage Bank recorded in the communication dated 16th February, 1979, that the petitioners had been taken into common cadre and their names were mentioned at serial Nos. 88 and 89. However, on 20th July, 1979, both the petitioners were transferred from Sirhind to Abohar in the capacity of Clerks instead of Junior Accountants, even though, according to the petitioners, they were entitled to be encadred as confirmed Junior Accountants, as they had been working in that capacity with the Bassi Pathana Primary Cooperative Land Mortgage Bank Ltd., Sirhind, before the coming into force of the common cadre. Aggrieved against the same, the petitioners represented to the Registrar, Cooperative Societies, Punjab on 9th August, 1979, but their claim was declined vide order dated 27th August, 1981, passed by the Joint Registrar, Cooperative Societies, Patiala. The concluding portion of the order is reproduced below :- "Arguments of the parties were heard and considered. The contentions and arguments of the respondents could not be ignored in the light of the authority presented by the petitioner which has been presented for his claim. The petitioner was promoted to the post of Junior Accountant on 28.10.1972 when bye-laws of the said Bank were already in existence to be followed with by the Management of the Bank. Though service rules came into force with effect from 7-11-1973, no approval has been sought of the Assistant Registrar, Cooperative Societies, as desired in resolution or as per bye-laws of the Bank. This stressing point of the counsel of the respondent could not be overlooked that Managing Committee of the said Bank was not competent to create a post of Junior Accountant without approval of the authority as indicated in the bye-laws of the Bank. Thus, the action of the committee is illegal and contrary to its bye-laws as the approval of the R.C.S has not been sought. Considering all the contents and applying my mind on the case, I, R.C. Chaudhary, PCS(I), Joint Registrar, Cooperative Societies, Patiala Division Patiala, exercising the powers of the Registrar, Cooperative Societies, Punjab, Chandigarh, dismiss the petition." It is against this order that petitioners have approached this Court by filing the present petition.;