G.R. Majithia, J. - (1.) THE Haryana State Cooperative Inspectors and Sub -Inspectors Association (Regd.). Head Office, Rohtak, through its President has sought a writ of prohibition to Respondent Nos. 1 and 2 not to give effect to the provisions of the Haryana Cooperation Department Group -C (Executive) Rules, 1980 so far as the post of Statistical Assistant has been included in the definition of 'Service' under these Rules in this petition under Articles 226/227 of the Constitution off India.
(2.) THE Punjab State Cooperative Subordinate Services Rules, 1936 (for brevity, the 1936 Rules) consist of three particles Part I of these Rules is known as General rules applicable to the whole of Punjab Cooperative Subordinate Services. Part II deals with the services of field establishment such as Inspectors of the Cooperative Societies and Sub -Inspectors of the Cooperative Industrial Societies and this is known as executive. Part III deals with clerical staff. These Rules were amended by the Haryana Government, - -vide Notification No. FSR -145/Const./Art. 309/Amd/72, dated June 9, 1972 and in Appendix A to the 1936 Rules, the posts of Inspector, Cooperative Societies (including Inspector Cooperative Societies, Publicity and Propaganda) land Sub -Inspectors, Cooperative Societies were substituted. The Governor of Haryana in exercise of the powers conferred by the proviso to Article 309 of the Constitution of India made rules regulating the recruitment and condition of service of persons appointed to the Haryana Cooperation Department Group C (Executive). These Rules were called the "Haryana Cooperation Department Group C (Executive) Rules, 1980" (for short the 1980 Rules) Rule 2 of these Rules deals with definitions. Clause (g) of Rule 2 defines 'Service' which means the Haryana Cooperation Department Group C (Executive) Service. Rule 3 says that the Service shall comprise the posts shown in Appendix 'A' to these Rules. In Appendix 'A' the following posts have been shown: (i) Lecturers; (ii) Statistical Assistants; (iii) Inspector (Statistical); (iv) Inspectors; and (v) Sub -Inspectors. Rule 6 envisages that appointment to the posts in the Service shall be made by the Registrar, Cooperative Societies, Haryana in the case of Lecturers, Inspectors, Inspector Statistical and Statistical Assistants, and, in the case of Sub -Inspectors in the Office of Registrar, Cooperative Societies, Haryana by the Additional Registrar, (Headquarters), Cooperative Societies, Haryana and in the case of Sub -Inspectors other than those in the Office of the Registrar, Cooperative Societies, Haryana, by the Deputy Registrar, Cooperative Societies, concerned Rule 9 says that recruitment to the Service shall be made as under: (i) 66 -2/3 per cent by promotion; (ii) 33 -1/3 per cent by direct recruitment or by transfer or deputation of an officer/official already in the service of any. State Government or the Government of India. Rule 11 provides for inter se seniority of members of the Service. Rule 21 repeals the corresponding rules applicable to the Service before the commencement of these Rules.
(3.) THE Punjab State Cooperative Service Class II, Rules 1958 (for short the 1958 Rules) regulate appointment to the Punjab State Cooperative Service, Class IL Under Clause (f) of Rule 2 of these Rules, the Service has been defined to mean the Punjab State Cooperative Service, Class II (hereinafter to be referred to as Class II Service). Class II Service under these Rules comprises of posts specified in Appendix 'A' to these Rules and the following posts find mention therein: (1) Assistant Registrar; (2) Lady Assistant Registrar; (3) Principal of Training Institute; (4) Tanning and Leather Export Industrial Cooperatives. Rule 5 of 1958 Rules deals with method of recruitment to Class II Service. It says that the members of the Service shall be recruited as under: (a) by promotion from the State Service, Class III, or (b) by direct appointment; or (c) by transfer of a person already in the service of the State.;