AMRIT SINGH Vs. PRESIDENT AND SECRETARY DISTRICT CO OPERATIVE BANK LIMITED MAINPURI AND ZILA PRASHASHANIK COMMITTEE

JUDGEMENT

(1.) PETITIONER was initially appointed as Accountant in Cooperative Society. Later on he was appointed as its Secretary. In 1978 his services were terminated against which he has filed this writ petition.

(2.) RESPONDENTS have filed counter affidavit and Petitioner has filed rejoinder affidavit in reply thereto. I have heard learned Counsel for the parties.

(3.) IN pursuance of the above provisions, U.P. Primary Agricultural Co -operative Credit Society Centralised Service Rules, 1976 (hereinafter referred to as the Rules) were framed by the Government of U.P. creating centralised services for service of the Secretaries of the Primary Agricultural Co -operative Credit Societies. Before the Rules were enacted, the Petitioner was already appointed as a Secretary and on the date of their enforcement, he was holding the said post of Secretary. In view of the provisions of subsections (2) and (3) of Section 122 -A of the Act, the Petitioner stood provisionally absorbed in the centralised service with effect from the date of creation of such service and if he was not found suitable for final absorption, it was open to the Prescribed Authority to determine his service with effect from the date of issue of the order in that connection. But no order terminating his service was passed. ' In 1977, the Petitioner filed a writ petition No. 954 of 1978, which was dismissed with the observation that there is no order of termination of his service. The Petitioner, as such, continued to work as Secretary. However, on 26 -10 -1978 Petitioner was asked to handover charge of the post of Secretary and on inquiry he was informed that he will not be permitted to work, although no order terminating his service was passed or communicated to him. He appears to have called upon the Respondents but without any success. Hence this . writ petition for appropriate relief.