RAM LARAITE PRAJAPATI Vs. MEMBER SECRETARY DIST ADMINISTRATIVE COMMITTEE PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY

JUDGEMENT

(1.) D. S. Sinha, J. Heard Sri Shambhoo Nath Srivastava, learned counsel for the petitioner and Sri Ram Krishna, holding brief of Sri Tiloki Nath, learned counsel representing the respondent No. 1. No body has appeared for the respondent No. 2.

(2.) THE order dated 2nd February, 1986, a copy where of is Annexure '2' to the peti tion, is under challenge in this petition under Article 226 of the Constitution of India. By the impugned order the services of the petitioner, a cadre Secretary, were dis pensed with. Alongwith the order a cheque of Rs. 1488/- equivalent to three months' salary was enclosed.

(3.) PART VI of the Rules contemplates absorption of certain employees. Rule 20 figuring in PART VI provides that the existing employees of the societies at the commen cement of the Rules shall be deemed to be provisionally absorbed in the centralised service. Rule 21 says that existing employees of the Societies taken provisionally on the strength of centralised services shall be finally absorbed in the said service after their screening in accordance with the in structions issued by the Registrar, Coopera tive Societies, in this behalf. Thus, the employees of the Cooperative Societies ab sorbed, either provisionally or finally, formed a class different from the employees recruited either directly or by promotion. The provision for absorption of the employees was by way of meeting the situa tion till the regular recruitment was held and to protect the interest of the existing employees of the Primary Agricultural Cooperative Credit Societies.