THE PUNJAB STATE CO-OPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED, CHANDIGARH Vs. DES RAJ, MANAGER C GRADE, THE JALLALABAD CO-OPERATIVE MARKETING SOCIETY LTD JALLALABAD DISTRICT FEROZEPORE

JUDGEMENT

(1.) THE Punjab State Cooperative Supply and Marketing Cooperative Service (Common Cadre) Rules, 1967, (hereinafter referred to as the impugned rules, were declared invalid by a learned Single Judge at the instance of Shri Des Raj, respondent herein, who was selected as Manager of the Jallalabad Zimindara Cooperative Marketing Society Limited, Jallalabad (District Ferozepur) by the Administrative Committee of the Punjab State Cooperative Supply and Marketing Federation ( hereinafter referred to at the 'Markfed') with effect from 21.11.1970, on the ground that the Markfed had no power to frame the impugned rules in the year 1967, as the power to that effect came to be conferred on it for the first time in the year 1969 as a result of the incorporation of section 84 -A in the Punjab Cooperative Societies Act, 1961, by the amending Act No. 26 of 1969.

(2.) THE learned Single Judge for invalidating the impugned rules sought sustenance from Supreme Court judgment reported as Andhra Pradesh Cooperative Central Land Mortgage Bank Limited etc. v. Chittor Primary Cooperative Land Mortgage Bank Limited etc. : A. I. R. 1974 S. C. 1692, in which it had been ruled that any rules framed prior to the jurisdiction having been conferred on an authority for framing the rules by amendment of the Act would be ultravires in the sense that there was no rule making power in that authority. There is no dispute with the law enunciated by their Lordships in the abovesaid case and to its application to the impugned rules promulgated by the Markfed in the year 1967. However, the matter does not rest here There is another judgment of their Lordships of the Supreme Court reported as Bachan Singh and Anr. v. Union of India, 1972 S. L. R. 397, in which the Supreme Court has enunciated the proposition that the given rules, though invalid to begin with on account of lack of power to frame them, would become valid and statutory as a result of amendment statutorily made in those rules. Their Lordships in that case were dealing with Military Engineering Service Class I (Recruitment, Promotion and Seniority) Rules, 1951. These rules during the years 1962, 1963 and 1964, and particularly until the year 1969, were not statutory in character, as observed in paragraph 8 of the judgment. In 1969, these rules were amended. Then arose the question as to what would be the effect of the amendment to the said rules Their Lordships observed that these rules became statutory by the amendment, as is evident from the following observations of their Lordships [ : A. I. R. 1973 S. C 441, Para 9 Editor ]: -

(3.) WE also find merit in, yet another contention of the learned Counsel for the Appellant that the Respondent having accepted the appointment under the impugned rules could not deny the applicability of those rules when it came to taking of action against him, for we are of the view that the appointment was effected by the Markfed to a post which was a common cadre post under the impugned rules. If the impugned rules are bad, then the appointment of the Respondent becomes invalid and void from the very inception. The Respondent cannot have the cake and eat it too. For this reason also, the Respondent would not have any locus standi to challenge the validity of the impugned rules.