N RAJE URS Vs. COMMON CADRE COMMITTEE

JUDGEMENT

(1.) THE admitted facts are that the Registrar of Co-operative societies by virtue of provisions contained under Section 128-A of the KCSA act has passed on order dated 31. 3. 1986 creating the common cadre consisting of the Primary Agricultural Credit Co-operative Societies in Mandya district and authorising the Mandya District Central Co-operative Bank Ltd. Federal Society to exercise the powers of appointment, transfer and disciplinary action in respect of the secretaries and framing regulations for the said purpose and to make contributions to meet the salary expenditures of the secretaries, etc. In pursuance of the said order, the 1st respondent has come into being and is the controlling authority the Secretaries of the BACC in Mandya District. The respondent/ Co-operative Societies are affiliated to mdco Bank, Mandya, which is the Federal Society. The society has borrowed various types of loans from the MDCO Bank Ltd. Even the society has availed loans from NABARD Schemes under the respondent society. The Government had contributed 51% share capital to the respondent society. Thus, there is an organic link between the Government and the NDCC bank and the respondent society. The respondent society in its meeting resolved to request the respondent to post personnel to manage the affairs of the society in the cadre of manager/secretary. The society forwarded the extract of resolution along with proposals, the copies of which are produced in the respective Writ petitions. One of the resolution filed as Annexure R-1 in WP 26910/00 was actually contested by the petitioner himself. Rule 17 of the KCS Rules stipulates that the person holding the post of Secretary shall be a graduate of a recognised university. The petitioners are not possessing the basic requisite qualification as required under Rule 17 of the KCS Rules for the post of secretary/manager. Consequently, the common cadre committee held the interviews for the post of secretaries/managers and selected according to the common cadre. It is an undisputed fact the post of Secretary or Manager are filled up by direct recruitment and by promotion by 50% in each category. There were 64 posts vacant for which applications were called for from the eligible candidates and after the interview, 32 persons who are eligible for promotions were promoted and 32 persons were selected by the common cadre committee and posted to different societies common under the common cadre authority. The petitioners in all these petitions were not selected to the post of secretaries or managers. However, the society ignored the common cadre rules and appointed these petitioners as secretaries/managers in the respective societies. In view of the subsequent appointment made by the common cadre committee, they were made to continue to work in the same capacity which posts these petitioners were holding before they were promoted as secretaries/managers of the respective bank. Being aggrieved by these orders, the petitioners filed these petitions.

(2.) SINCE common question of law is involved in these petitions, after hearing the learned Advocates appearing for the petitioners and the learned advocates appearing for the respondents, this order is passed.

(3.) THE learned Advocates have vehemently argued that the appointment of new secretaries or managers and directing the petitioners to hold the same posts which they were holding amounts to reversion or demotion which orders came to be passed without there being any enquiry. Therefore, the orders are illegal and are liable to be quashed.