SULTAN SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The Sarsa Co-operative Credit and Service Society Limited, Sarsa Tehsil Pehowa District Kurukshetra (for short the society) is a Primary Cooperative Society registered under the Haryana Co-operative Societies Act, 1984 (hereinafter called 'the Act'). Petitioner who is a resident of Village Sarsa applied for the post of a Clerk-cum-Cashier with the society. This application was put up before the Managing Committee of the society in the meeting held on 10.1.1996 and by a resolution passed by the Managing Committee in the said meeting the petitioner was appointed to the post. Prithvi Singh respondent moved a petition before the Registrar under section 27 of the Act for rescinding the resolution dated 10.1.1996 passed by the Managing Committee appointing the petitioner as Clerk-cum-Cashier. This petition was heard by the Additional Registrar (Credit) Co-operative Societies, Haryana who by his order dated 30.9.1996 dismissed the same holding that the Managing Committee was within its rights to appoint the petitioner. Feeling aggrieved by this order Prithvi Singh filed an appeal under Section 114 of the Act which was heard by the Commissioner and Secretary to Government, Haryana, Co-operative Department, Chandigarh. It was contended before the State Government that the appointment of the petitioner made by the society was in contravention of the provisions of Section 4 of the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (hereinafter referred to as the 1959 Act) because the vacancy had not been notified to any Employment Exchange. It was also contended that the appointment contravened bye-law 40(vi) and also the instructions dated 4.4.1994 issued by the Registrar requiring the Co-operative Societies to make appointments only from the surplus pool. After noticing the contentions of the parties, the Secretary by his order dated 12.11.1997 allowed the appeal and made the following observations:

(2.) It is against this order that the present writ petition has been filed.

(3.) Having heard counsel for the parties, we are of the view that the writ petition deserves to succeed.