- (1.) By way of present writ petition, the petitioners are seeking quashing of resolution dated 22.01.2010 (Annexure P-8) and letter dated 16.03.2010 (Annexure P-9) with further direction to implement the amendment made in the service Rules called as Common Cadre Rules by the Registrar, Cooperative Societies, Haryana (Annexure P-6).
(2.) Petitioners are Class-IV employees working in respondent-bank i.e. the Haryana State Cooperative Apex Bank Ltd, Chandigarh. Respondent No. 3-bank is a society registered under the Haryana Cooperative Societies Act, 1984. The State Government has more than 65% of the share capital. The Managing Director of the bank is appointed by the Government, who controls the day to day business of the society. The Registrar, Cooperative Societies, Haryana is the functionary under the Act who has manifold powers in the conduct of business of the respondent-bank and give necessary directions. Services of the petitioners are governed under the Haryana State Cooperative Apex Bank's Staff Service (Common Cadre) Rules, 1988. The said rules have been framed by the Registrar, Cooperative Societies, Haryana, under Section 37 of the Haryana Cooperative Societies Act, 1984 (for short 'the Act'). Vide Government order dated 02.09.2009/09.09.2009 (Annexure P-4), tenure of the Board of Administrators of Haryana State Cooperative Apex Bank Ltd., Chandigarh, was extended for a period of six months from 23.08.2009 to 22.02.2010. Thereafter, the bank received a representation from Class-IV employees, who were graduates, for making amendment in the Rules and to give quota to graduate Class-IV employees for promotion to the post of Clerk (Annexure P-5). The Board of Administrators passed a resolution on 23.07.2009, vide item No. 16 and recommended the following amendment:- "This was considered and it is resolved that the quota and qualification for promotion from category IV i.e. Record Keepers, Peons, Gunmen to the post of Clerk is amended subject to approval of RCS, Haryana as under: of the Haryana State Coop. Apex Bank's Staff Service (Common Cadre) Rules, 1988 2413727-1 Copy of agenda note and resolution thereof are enclosed herewith for perusal. In view of resolution passed by the BOAs, it is requested to make above amendment in the Rule 8.2 of Annexure-II of Rule 5 of the Haryana State Cooperative Apex Bank's Staff Service (Common Cadre) Rules, 1988 accordingly."
(3.) The Registrar while exercising powers under Section 37 of the Act approved the amendment vide Annexure P-6. Thereafter, the Board of Administrators in its meeting held on 20.10.2009 (Annexure P-7) decided to place the matter for reconsider on this issue again. Finally vide resolution dated 22.01.2010 (Annexure P-8), the Board of Administrators decided to restore the old provisions of Rules for promotion. This resolution was accepted by the Registrar vide letter dated 16.03.2010 (Annexure P-9).;