R.K. CHUGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners through instant petition under Articles 226/227 of the Constitution of India are seeking setting aside of orders dtd. 28/6/2007 and 6/1/2009 (Annexures P-4 and P-5) passed by respondent No. 1 and orders dtd. 31/7/2009 (Annexure P-6) and 15/4/2010 (Annexure P-7) passed by respondent No. 2 whereby respondents have restored them to pay scale as payable on 1/4/2006.

(2.) The petitioners prior to 1/4/2006 were holding post of Manager or above with respondent-Haryana Dairy Development Co-operative Federation, Panchkula (for short 'Federation'). The Board of Directors of the Federation in its 139th meeting held on 4/8/2005 decided to approve revised organizational structure as well as pay scale. In view of revised organizational structure and pay scale, the petitioners became entitled to higher salary. The aforesaid resolution came up for consideration before State Government which vide communication dtd. 6/3/2006 (Annexure P-1) intimated that Co-operative Societies are not Public Enterprises or Government Undertakings, thus, Registrar of Societies is Competent Authority to approve the revised pay structure. The relevant extracts of letter dtd. 6/3/2006 are reproduced as below:-

(3.) The matter came up for consideration before Registrar Co-operative Societies, Haryana, Panchkula who vide memo dtd. 27/3/2006 (Annexure P1) approved resolution of Board of Directors. The relevant extracts of memo dtd. 27/3/2006 are reproduced as below:-