- (1.) Heard the learned Counsel for the parties.
(2.) The petitioners, who happen to be the employees of the Hazaribagh Central Co-operative Bank Ltd., Hazaribagh (Respondent No. 2) and who are working on daily wages since the past 20 years continuously have, in this writ application, prayed for the following reliefs: (i) For quashing the order dated-24.01.2005 (Annexure-4), whereby the order of regularisation of the services of the petitioners with effect from 28.02.04 (Annexure-3), issued by the Secretary, Co-operative Department, Government of Jharkhand (Respondent No. 4), has been cancelled by his successor in office. (ii) For quashing the order dated-10.02.2005 (Annexure-5), whereby the Respondent No. 4 has ordered for recovery of salaries and wages to be paid to the petitioners after their regularization. (iii) To direct the Respondents to pay the petitioners the arrears of salaries and other admissible benefits together with interest @ 18 per cent per annum from 31.01.2000 when the Board of Directors-Managing Committee of the Hazaribagh Central Co-operative Bank Ltd resolved to regularize the services of the petitioners subject to concurrence of the Registrar, Co-operative Societies. (iv) For quashing the order dated-30.11.2009, by which the earlier order of regularization has been withdrawn and the petitioners have been again de-regularized.
(3.) From the rival submissions, it appears that the admitted facts are as follows: The process of regularization of services of the petitioners was initiated by the Secretary, Co-operative Department, Government of Jharkhand (Respondent No. 4) by letter dated-25.02.2003 and he had directed the Managing Director of the Hazaribagh Central Co-operative Bank Ltd. (Respondent No. 3) to submit the details regarding the employees who are working in the Bank on daily wages for the past 15 years. In response to the directions, the Respondent No. 3 by his letter dated-21.03.2003, submitted the required details of the employees. Later, by letter dated-18.02.2004, the Respondent No. 3 has again requested the concerned authorities for regularization of the services of the employees who are working for the past 15 years on daily wage basis, against the 99 vacant sanctioned posts. By order/notification dated-28.02.2004, issued by the Secretary, Co-operative Department, Government of Jharkhand (Respondent No. 4), the services of all the petitioners were regularized. However, after 11 months, by the impugned order dated-24.01.2005 (Annexure-4), the services of the petitioners were de-regularized. This was followed by another impugned order dated-10.02.2005 (Annexure-5), whereby the Respondent No. 4 has ordered for recovery of the salary/wages, paid to the petitioners after their earlier regularization and prior to the date of de-regularization.;