PARMOD KUMAR SHAHI Vs. STATE OF BIHAR

JUDGEMENT

(1.) We have heard Mr. P.P. Rao, learned senior counsel for the petitioners, Mr. A. Sharan, for the Sitamarhi Central Co-operative Bank (respondent No. 5) and Mr. A. K. Srivastava for the four intervenors. The appellants seek leave to appeal to this Court from the judgment and order dated 5th October, 1989 of the High Court of Judicature at Patna in CWJC No. 8530 of 1988. Special leave granted.

(2.) The nineteen appellants and the four intervenors were originally working as Managers of the Primary Agricultural Cooperative Society (PACS) in Sitamarhi district. Their services were taken over on deputation as Assistants/Cashiers by the Sitamarhi Central Cooperative Bank, Respondent No. 5 herein, over the years between 1977 and 1982. Later on, by an order dated 5th August 1988 the services of the nineteen appellants were absorbed in the said posts in the Bank and they assumed office on 10th August 1988. The result of the absorption was that their substantive lien on the posts which they held earlier as Managers of the Primary Agricultural Co-operative Society, stood terminated. But on 17th September 1988 respondent No. 5 terminated their services by purporting to cancel those orders of absorption. The appellants filed the writ petition in the High Court on 22nd August 1988 and the same was dismissed on 5th October 1989.

(3.) The nineteen appellants were amongst those who had originally been absorbed. The four intervenors were on similar deputation but no orders of absorption had been made in their cases. But they are all similarly situated. The services of all these persons were taken on deputation by Respondent No. 5 on the ground of paucity of personnel and on exigencies of work. The Registrar, Co-operative Societies in Bihar by his letter No. 3647 dated 4th April 1988 issued directions for the absorpotion of the services of these erstwhile managers of the Primary Agricultural Cooperative Societies in the Bank's service subject to the satisfaction of certain conditions pertaining to educational and other qualifications. Thereupon, the Bank itself proposed to absorb them provided the candidates held a degree of a recognised University; had worked in the Bank on deputation for more than six years and that their work in the previous six years was satisfactory continuously.