K SARASWATHI Vs. REGISTRAR OF CO OP SOCIETIES

JUDGEMENT

(1.) Petitioners 1 to 3 are Clerks in the 4th respondent Service Cooperative Bank. The 4th petitioner is a Peon in the same Bank. The first petitioner was appointed on 14.12.1992 while the rest were appointed on 2.1.1993. As per Ext. P1 order the second respondent Joint Registrar, found that the 4th respondent was made a Class IV Society and its staff pattern approved only on 21.5.1993 and that even before that on 10.10.1992 various posts were advertised and filled up and in the circumstances all the employees concerned should be retrenched. It is this order that the petitioners impugn in this Original Petition.

(2.) The learned Government Pleader submitted that the Society had not been classified at all before 2.1.1993 and that on 3.10.1992 the 4th respondent passed a resolution changing its status into a Class IV society. On the same day the bank accepted the resignation of one Suresh Kumar and advertised two posts of Clerks. On 31.10.1992 the Board again passed a resolution directing appointment of an Examinor to conduct examination to fill up the vacancies. It is pointed out that the procedure followed violates the requirements of R.188 of the Cooperative Societies Rules as also Circular No. 18/91 dt. 7.6.1991 which prohibits appointment without prior permission of the Joint Registrar.

(3.) Shri. K. Ramkumar, who appeared for the petitioners, submitted that in the instant case there existed two vacancies in the society even before the resolution changing its status into Class IV was passed and as far as appointments to those vacancies are concerned, there is no inhibition available in R.188 or in the Circular and that Ext. P1 order which is passed without notice to the affected persons cannot stand.