JAI PRAKASH SRIVASTAVA Vs. ADMINISTRATIVE COMMITTEE

JUDGEMENT

(1.) IN this bunch of petitions, the petitioners who are employees of Pradeshik Cooperative Dairy Federation have prayed for quashing of the orders of termination of their services. IN exercise of powers u/Sec. 122-A of the Utter Pradesh Cooperative Societies Act, 1965, U. P. Cooperative Diary Federation and Milk Union Centralised Service Rules, 1984 were framed and on the basis of said rules petitioners were appointed on the post of management Trainee on consolidated salary and they were posted in various districts. The appointments orders provided that the services of the petitioners will be governed by the U. P. Cooperative Dairy Federation and Milk Union (Centralised Service) Rules, 1984 (hereinafter referred to as the Rules). It was provided in the appointment letter that they will have to undergo one year's training on the post of Management trainee and .the said period can be extended by one year at the discretion of the Management and in case they do not complete the said training successfully, their services without prejudice to other conditions of service, shall be terminated without assigning any reason and giving any any notice. It was further provided in the order that they will be allocated any discipline depending on the suitability and the requirement of the Federation irrespective of the options indicated by them in their applications. The appointment of the petitioner was made under sub-rule 2 (a) of Rule 20 of theU. P. Cooperative Dairy Federation and Milk Unions Centralised service Rules, 1984. The said rule 20 (2) (a) reads as. under :-

(2.) IN the counter affidavit filed on behalf of opposite parties it has been stated that the petitioner appeared before the screening 'Committee along with other candidates and the screening committee which consisted of six members fixed a criteria to the effect that the candidates who will get 60 per cent or more than sixty per cent marks will be placed as Executives' and the candidates securing 50 per cent to 59 per cent marks will be given another chance for training as Management Trainees and the candidates who will get less than 50 per cent marks will be declared unsuccessful and their services will be liable to be terminated; The marks secured by respective candidates have also been annexed to the counter affidavit. It indicates that out of 100 marks only 20 marks were attributed to written test, 40 marks for performance appraisal and 40 marks were allocated for INterview. Out of 22 candidates 12 candidates secured more than 60 marks and 7 candidates secured marks between 50 to 59 and only three candidates secured less than 50 marks. Out of these three non-selected candidates one person secured 481 marks, the second secured 40 5 and the third secured 47.0 marks. But all these candidates secured 10.5, 9.5 and 10.0 marks in written test respectively while those who have been selected have secured even 6.5, 7.5, 8.5 and 9-0 marks in the written test. The candidates whose services have been terminated in the performance appraisal secured 31.6,24 and 26 marks respectively while those who secured lesser marks in performance appraisal have been selected. Likewise some of the candidates who have thus secured more than 60 marks have been given higher marks in interview.