KAMAL PRASAD DUBEY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner, who is a Manager, Primary Agriculture Credit Co-operative Society, Nayagon District Panna has filed this petition under Article 226 of the Constitution of India against the order dated 7.6.2016 passed by the respondent No.2/Commissioner-cum-Registrar, Co-operative Societies, Bhopal whereby the request made by the respondent No.5/Primary Agriculture Credit, Co-operative Society, Nayagaon District Panna for relaxing the educational qualification of the petitioner for promotion on the post of Society Manager has been rejected.

(2.) In brief the facts of the case are that the petitioner is posted as Manager in the respondent No.5 society which is a society registered under the Madhya Pradesh Co-operative Societies Act, 1960 (for short "Act, 1960") and has work experience of around 28 years in the society. The society has its own bylaws, according to which, the employees are governed by service rules framed by the Registrar, Co-operative Societies Act in exercise of his powers under Section 55(1) of the Act, 1950. Earlier the service rules were framed vide order dated 9.10.1990 in which it was provided that the same was applicable to the employees of the Primary Agriculture Cooperative Credit Societies. However, on 30.8.2013 new rules came into existence and the earlier rules which in operation were over ruled.

(3.) Further the case of the petitioner is that he has passed his higher secondary examination from the Board of Secondary Education, Madhya Pradesh in the year 1984 and was appointed as Sahayak Samiti Sevak by an order dated 2.9.1987 in the respondent No.5/society. He was also sent for various training programmes from time-to-time on behalf of the society and vide order dated 23.7.1996, he was appointed as Clerk in the Jila Sahakri Kendriya Bank, Panna. As the petitioner had vast experience in working in the society, the Board of Director of the respondent No.5/Society vide resolution dated 26.2.2014 decided to promote the petitioner from the post of Sahayak Samiti Prabhandak to the post of Samiti Prabhandak (society manager) and as such the petitioner started working in the same capacity.