- (1.) The Haryana State Co-operative 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 Co-operation 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 of India.
(2.) The Punjab State Co-operative Subordinate Services Rules, 1936 (for brevity, the 1936 Rules) consist of three parts. Part I of these Rules is known as General rules applicable to the whole of Punjab Co-operative Subordinate Service. Part II deals with the services of field establishment such as Inspectors of the Co-operative Societies and Sub-Inspectors of the Co-operative 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./Article 309/Amd/72, dated June 9, 1972 and in Appendix A to the 1936 Rules, the posts of Inspector, Co-operative Societies (including Inspector Co-operative Societies, Publicity and propaganda) and Sub-Inspectors, Co-operative 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 Co-operation Department Group C (Executive). These Rules were called the ''Haryana Co- operation 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 Co-operation 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, Co-operative Societies, Haryana in the case of Lecturers, Inspectors, Inspectors Statistical and Statistical Assistants, and, in the case of Sub-Inspector in the Office of Registrar, Co-operative Societies, Haryana by the Additional Registrar, (Headquarters), Co-operative Societies, Haryana and in the case of Sub-Inspectors other than those in the Office of the Registrar, Co-operative Societies, Haryana, by the Deputy Registrar, Co- operative 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
(3.) 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.;