S P TIWARI Vs. REGISTRAR CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) IN this writ petition under Article 226 of the Constitution of INdia, the petitioners have challenged the validity of amendment dated 7.8.2008 of the Registrar, Co-operative Societies Madhya Pradesh, by which M.P. Rajya Sahkari Vipnan Sangh Sewa Niyam was amended and have sought a direction not to implement the new set up of the rules for the purpose of granting promotion to the post of Executive Engineer from the post of Assistant Engineer and promote the petitioners to the post of Executive Engineer.

(2.) THE facts briefly are that the M.P. Co-operative Marketing Federation is a registered society, registered under the M.P. Co-operative Societies Act, 1960 (for short 'the Act of 1960'). In exercise of the powers conferred under section 55, the Registrar has framed rules regarding the service terms and conditions of the M.P. State Co-operative Marketing Federation known as "M.P. Rajya Sahkari Vipnan Sangh Karmchari Sewa Niyam" (for short 'Sewa Niyam'). Sewa Niyam, inter-alia, provided that promotions to the post of Executive Engineer (Civil) in the M.P. State Co-operative Marketing Federation would be made from amongst Assistant Engineer (Civil). THE post of Executive Engineer (Civil) is to be filled up by hundred percent (100%) promotion from the post of Assistant Engineer (Civil) and the qualification was five years' experience on the post of Assistant Engineer (Civil). Rule 9 of the Sewa Niyam deals with promotion reads as under :- <IMG>JUDGEMENT_269_MPRN_2010Image1.jpg</IMG> <IMG>JUDGEMENT_269_MPRN_2010Image2.jpg</IMG>

(3.) THE amendment provision of clause 7 of Rule 9 reads as under: Clause-7 <IMG>JUDGEMENT_269_MPRN_2010Image5.jpg</IMG>