SURENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned Counsel for the petitioner as well as Sri H.R. Misra and Sri S.K. Rai, learned Counsel appearing for the respondents.

(2.) The petitioner, who was an Assistant Secretary of Sadhan Sahkari Samiti Limited. Majhgawan. Vikas Khand, Rani Ki Sarai, was authorised to carry on the duties of the Secretary. By means of the impugned order, one Sri Hasai Ram, who belongs to Centralised Service and belongs to the cadre of Secretary, was appointed as the Secretary of the said Sadhan Sahkari Samiti. The said order has been assailed by the petitioner on the ground that the impugned order amounts to reversion, inasmuch as. the petitioner, who was holding the post of Secretary, has been reverted to the post of Assistant Secretary. The petitioner remained as Secretary for six years and the respondents have waived their right to demote him. The order impugned was passed without giving any opportunity to show cause and the same is non est. The petitioner was appointed on the post of the Secretary by the order of the Registrar, hence after completing six years of service, his services deserve to be regularised in accordance with the Regularisation Rules, meant for employees, working in the Co-operative Department. It was also contended that the petitioner had undergone the training for the cadre post. Persons similarly situated i.e. Sarvashri Shobha Ram. Shiv Prasad Singh and Raghupati Singh, who were also sent for the training, have been retained as Secretary, while the petitioner was removed and thus, the order is discriminatory and arbitrary in nature.

(3.) The Rules regarding the appointment of a cadre Secretary of the Centralised Services under the U.P. Primary Agricultural Co-operative Credit Societies Centralised Service Rules, 1976 are contained in Part VII of the Rules, under the heading 'recruitment'. Rule 23 provides that no person shall be appointed on any post, included in the Centralised Service, unless he fulfils such conditions as may be prescribed in these Rules in respect of educational qualifications, age, experience and training.