- (1.) Under challenge in these three writ petitions is the common order dated 24th July, 1999 passed by the Additional Registrar (Appeals), Cooperative Societies, Jodhpur. While the first writ petition No. 2947/1999 has been flied by the Central Co-operative Bank Limited, Bikaner and other two writ petitions No. 3053/1999 and 3049/1999 have been filed respectively by Rajasthan Sahakari Bank Karmchari Sang Unit, Bikaner and Rajasthan State Co-operative Loan Supervisors Union, Bikaner. All the three petitions were therefore taken up together for hearing and are being decided by this common judgment. For the purpose of convenience however all these petitions are being decided on the basis of facts of the first writ petition namely S.B. Civil Writ Petition No. 2947/1999.
(2.) The order impugned in these writ petitions was passed by the Additional Registrar (Appeals), Co-operative Societies, Jodhpur (respondent No. 2 herein) thereby accepting the revision petition filed by respondent No. 3 Shri Bhanwar Singh. Respondent No. 3 Bhanwar Singh was appointed as Junior Accountant in the petitioner-Bank under the Antyoday Yojna (in short the 'Yojna') vide order dated 2nd February, 1980. The said scheme came to an end on 31st March, 1982. The State Government came out with a proposal for absorption of all those working in closed down Scheme. The Registrar, Co-operative Societies issued an order on 11th March, 1983 in this regard providing that all those persons who were recruited as Junior Accountants, L.D.Cs., Drivers and Class-IV employees in the said Yojna would be absorbed in the Bank cadre provided they fulfill the minimum qualification prescribed for regular appointment and those who do not fulfill the minimum qualification, may be allowed to continue in the service of the Bank in the present pay scale and the allowances drawn by them. The Government thereafter issued another order on 16th April, 1985 which provided that the Junior Accountants shall be absorbed in the Bank on the post of Clerk and they shall be assigned seniority immediately below existing Clerks. The minimum qualification for absorption on the post of Junior Accountant and Clerk-cum-Cashier would be graduation. Pursuant to the order dated 16th April, 1985, the petitioner-Bank vide its letter dated 25th June, 1985 asked the respondent No. 3 to give his option for absorption. When he did not give the requisite option, a letter was again issued to him on 19th July, 1985 informing that in case he failed to submit the option; he would be relieved from service. In the meantime, State Government also issued an order dated 8th August, 1985 directing that if appointees under the Yojna do not give option pursuant to the order dated 16th April, 1985, their services may be terminated. Although the respondent No. 3 did not give option, but at the same time the fact remains that his services were not terminated either. The Managing Director of the Bank vide his letter dated 9th January, 1986 requested the State Government to allow them to absorb the petitioner on the post of 'D' Grade Officer but that was not agreed to by Government.
(3.) The petitioner-Bank finally gave one last opportunity to the respondent No. 3 by their letter dated 27th October, 1986 requesting him to submit his option positively up to 34th October, 1986 or else it would be presumed that he was not willing to get absorbed in the services of the Bank and he would be deemed to have been removed from service. At this stage, the respondent No. 3 filed a civil suit in hurt of Munsif-cum-Judicial Magistrate (First Class), Bikaner against the said order in which a temporary injunction order was passed in his favour on 30th October, 1986. The Board of Directors of the petitioner-Bank thereafter passed a resolution on 13th May, 1988 for absorption of the respondent No. 3 on the post of Assistant Executive Officer and the Registrar, Co-operative Societies, Rajasthan was requested to accord permission for such an absorption. It was at this stage that the petitioner filed a writ petition before this Court praying for a mandamus for his absorption on the post of Assistant Executive Officer. The Registrar however refused to give his approval to the aforesaid, proposal. The Joint Registrar, Co-operative Societies, Bikaner in exercise of his powers under Section 32 of the Rajasthan Cooperative Societies Act, 1965 (in short the Act of 1965) cancelled the aforesaid resolution of the Bank dated 13th May, 1988. The petitioner-Bank by its order dated 6th December, 1991 thereafter posted the respondent No. 3 as a Clerk. While the respondent No. 3 withdrew the aforesaid writ petition, but he filed another writ petition but this time challenging the order dated 6th December, 1991 and again seeking a mandamus for his absorption on the post of Assistant Executive Officer and for quashment of the orders dated 16th April, 1985, 8th August, 1985 and 31st December, 1985 referred to above. The said writ petition came to be decided by this Court on 5th August, 1982 whereby the order dated 31st December, 1990 passed by Joint Registrar, Co-operative Societies, Bikaner was quashed on the ground that prior to passing of the said order opportunity of hearing was not provided to respondent No. 3. It was therefore directed that the Registrar Co-operative Societies should decide the matter regarding employees who were appointed under Yojna on a uniform basis within a period of six months and till then the respondent No. 3 was allowed to continue on the same post. The Court however observed that this would not oblige the Registrar to reopen absorptions which have been finalized and against which no grievance has been made.;