SWARAN SINGH Vs. REGISTRAR

JUDGEMENT

(1.) This judgment shall dispose of Civil Writ Petition Nos. 4831 and 4832 of 1981 as common questions of fact and law are involved in both these petitions.

(2.) The petitioners in these petitions were working as Clerks with the Bassi Pathana Primary Cooperative Land Mortgage Bank Ltd., Sirhind (hereinafter referred to as 'the Bank'). On 28th October, 1972, the Managing Committee of the Bank passed a resolution that two posts of Junior Accountant-cum-Senior Clerk be created, and according to seniority both the petitioners, namely, Swaran Singh and Jaswant Singh, be appointed against these posts, subject to the approval of the Registrar, Cooperative Societies, Punjab.

(3.) Later on, on 29th June 1975, by another resolution, the Administrator resolved to fix the pay scale of the petitioners as Rs. 250-15-325-EB-15-400/20-500 and allowed them to draw this scale of pay as approved by the Registrar, Cooperative Societies, Punjab, with effect from 1st July, 1975. Both the petitioners were later on, by another resolution dated 29th September, 1978, confirmed with effect from 1st July, 1975. They were also allowed to draw their annual increments vide order dated 19th May 1979 with effect from 1st July, 1979. In the meantime, on 15th June, 1978, the Registrar, Cooperative Societies, Punjab, approved the model service rules, namely, the Punjab State Cooperative Land Mortgage Banks Service (Common Cadre) Rules, 1978, under Section 84-A of the Punjab Cooperative Societies Act,1961. Rule 5(i) of the aforesaid Rules reads as under :-