MADHEPURASUPAULCENTRALCO-OPERATIVEBANKLTD Vs. STATE OF BIHAR

JUDGEMENT

(1.) This letters Patent Appeal is directed against the judgment of learned Single Judge dated April 27, 1995, whereby writ application of the respondents 4 to 39 was allowed, termination of their services set aside and a direction issued to the appellant to take them into service. It was, however, mentioned that the writ petitioners would not be entitled to any salary for the period from the date their services were terminated which was August 18, 1988, and till their reinstatement. Seven days, time was given to the appellant to take the writ petitioners into service. It would appear that the appellant filed a Special Leave petition in the Supreme Court of India against the aforesaid judgment of the learned single Judge. On May 10, 1995 the Supreme Court extended the time granted by the High Court by ten days for taking the writ petitioners into service and it was observed that in the meantime the appellant might approach the High Court by way of Letters Patent Appeal and obtain suitable orders, if found due. The Special leave petition was not entertained since it was observed that the appellant had an alternate efficacious remedy. When this appeal came up for admission, it was directed that the reinstatement of the writ petitioners as ordered by the learned single Judge would remain stayed.

(2.) The respondents (writ petitioners) were appointed to various posts of assistants-cum- cashier, typists and peons by the appellant on August 1, 1988 after the processes of their appointments from the date of advertisement till their examination/interview were completed. As noted above, their services were terminated on August 18, 1988, ostensibly on the ground that they had been employed when there was a ban imposed by the Registrar, Co-operative Societies, from making any appointment and further that the appointments had been made in a hurried and improper manner. The writ petitioners, however, were not told any reason why their appointments were being cancelled and they had just received letters telling them that their appointments made on August 1, 1988, were cancelled. The writ petitioners challenged these orders in this Court of the writ application and succeeded.

(3.) Rule 33 of the Bihar Cooperative Societies Rules, 1959, (hereinafter referred to as 'the Rules') specifies that appointment of a paid employee in any society shall be subject to such conditions as may be determined by the Registrar by general or special order. Since a great deal depends upon this rule, it may be advantageous to quote the same in extenso :