BALDEV SINGH GAJNEJA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) HAVING failed to persuade the learned Single Judge to nullify the decision of the Government contained in Annexure P-2 dated 1.9.1978 whereby the promotions of the appellants as Junior Accountants were nullified, the writ petitioners have filed this appeal.

(2.) THE facts which were necessary for deciding whether the impugned decision of the Government is illegal or not are that the Board of Directors of the Ferozepur Central Co-operative Bank Ltd., Ferozepur (for short 'the Bank') passed a resolution on 3.11.1977 that the Registrar, Co-operative Societies, Punjab, may be requested to sanction the creation of eight posts of Junior Accountants for Head Office as well as branches. However, before the Registrar could take a decision on the request made by the Board of Directors, the Executive Committee of the respondent Bank, in its meeting held on 28.11.1977 resolved that the appellants be promoted as Junior Accountants against the posts which became available due to the opening of three branches, upgrading of old branches and one vacant post of Field Inspector which was stated equivalent to the post of Junior Accountant. The Manager of the respondent- Bank requested the Registrar, Cooperative Societies, Punjab, to approve the resolution dated 28.11.1977. At the same time, the Bank again wrote to the Registrar for sanction of the post of Junior Accountants.

(3.) IN the writ petition filed by them the appellants assailed the decision of Government on the following grounds :-