LAWS(P&H)-1999-11-59

VED PARKASH Vs. REGISTRAR CO-OPERATIVE SOCIETIES CHANDIGARH

Decided On November 16, 1999
VED PARKASH Appellant
V/S
REGISTRAR CO-OPERATIVE SOCIETIES CHANDIGARH Respondents

JUDGEMENT

(1.) This order will dispose of a bunch of eight writ petitions Nos. 19230 to 19237 of 1997 in which common questions of law and fact arise. Since arguments were addressed in civil writ petition No. 19230 of 1997, the facts are being taken from this case.

(2.) Petitioners are employees of the Umarpur Co-operative Credit and Service Society Ltd. , Umarpur Tehsil Indri District Karnal (for short the society ). Petitioner No. 1 is working as a Clerk since 8-5-1989 and petitioner No. 2 as Salesman since 3-8-1976 whereas petitioner No. 3 is working as a peon since 3-1-1976. Their services were regularised on 4-2-1993. The grievance made in this petition filed under Art. 226 of the Constitution is that even though services of the petitioners have been regularised they are being paid a consolidated salary and the prayer made by them is for a mandamus to the society to grant them a regular scale of pay at par with the employees of the State of Haryana. Reliance has been placed by the petitioners on a decision of this Court in Balbir Singh v. Samaspur Co-operative Credit and Service Society Ltd. , Civil Writ Petition No. 11147 of 1995 decided on 13-11-1995.

(3.) In response to the notice of motion, respondents Nos. 2 and 3 have put in appearance and contested the writ petition. The plea of the petitioners has been controverted on the ground that service conditions of the employees of all the Primary Co-operative Credit and Service Societies in the State of Haryana are governed by Rules which came into force with effect from 16-11-1992 and that they are being paid emoluments in terms of Rule 9 of the Rules. It is also pleaded that the judgment of this Court in Balbir Singh's case (supra) is not applicable to the facts of the present case and that the petitioners are not entitled to a regular scale of pay at par with the employees of the State Government.