OM PARKASH Vs. REGISTRAR CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) Om Parkash and three others, petitioners herein charge the official respondents 1 and 2 in giving appointments to respondents 3 to 18 of a public office in a most cloistered manner. The charge made by the petitioners to the effect aforesaid stems from facts that need to be given, even though in brevity.

(2.) Raj Kumar respondent No. 3 was appointed on 89 days basis on 20. 7. 1995. The date of appointment of respondent Raj Kumar and other respondents 3 to 18 is as follows : -------------------------------------------------------------------------- - Sr. No. Name Date of Appointment --------------------------------------------------------------------------

(3.) Prior to the appointments of respondents 3 to 18 on the dates as referred to above, an amendment came to be made in the Haryana State Cooperative Banks Staff Service (Common Cadre) Rules, 1975, copy whereof has been annexed with the petition as Annexure P-1. By virtue of the amendment brought about vide Annexure P-1, it is the positive case of the petitioners that the post of Secretary Grade 'b' shall be filled up by appointment amongst the salesmen and clerks working in P. A. C. S. (Mini Banks ). Quota of promotion amongst the salesmen and clerks has been fixed at 50% and it has also been mentioned in the said amendment that no direct recruitment shall be made unless 50% quota for promotion to the post of Secretaries Grade 'b' is filled up from amongst the salesmen and clerks working ill the P. A. C. S. (Mini Banks ). By virtue of the amendment brought in the rules, it is further the case of the petitioners that the salesmen and clerks working in the different societies i. e. Mini Banks have become entitled to appointment as Secretary Grade 'b'. By completely ignoring he aforesaid amendment, the Hisar District Central Cooperative Bank Ltd. , Hisar, respondent No. 2 herein has appointed many persons as Secretaries. Initially respondents 3 to 18 were appointed on 89 days but later on, however, respondent No. 2 regularised their services vide resolution dated 6. 11. 1995 and order dated 21. 11. 1995, Annexure P-2. In the order Annexure P-2 it has been mentioned that the Administrative Committee of Hisar Distt. Central Cooperative Bank Ltd. Hisar vide resolution No. 5 dated 6. 11. 1995 has decided that the services of those employees who have completed atleast a tenure of 89 days till the date of meeting i. e. 6. 11. 1995 be regularised. Consequently, the services of respondents 3 to 18 and others working on adhoc basis and who have completed tenure of 89 days were regularised with effect from 6. 11. 1995 i. e. date of meeting of the Administrative Committee. It is further the case of the petitioners that respondents No. 3 to 18 have been appointed by respondent No. 2 in sheer violation of Haryana State Central Cooperative Bank Staff Service (Common Cadre) Rules, 1975 and the provisions of Section 4 of Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959. It is further the case of the petitioners that before making the appointments of private respondents, no advertisement was issued nor persons similarly situated were ever considered. Appointments of respondents 3 to 18 have been made with malafide intention to oblige some Directors of respondent No. 2, political leaders and senior employees. To illustrate favouritism in giving appointments to respondent 3 to 18, it has further been pleaded that respondent No. 3 Raj Kumar is the son of Senior Accountant of respondent No. 2. Respondent No. 4 is nephew of Establishment Officer of respondent No. 2 i. e. Ram Dhan Ahuja. Hemant Kumar respondent No. 5 is a Bishnoi by caste and has close relation with Shri Bhajan Lal, the then Chief Minister. Respondent No. 6 is relative of Laxmi Chand Director. Similarly, all other private respondents have close relations either with the Director of the Bank or some Bank or some political leader. Rajinder Singh respondent is stated to be the real nephew of the Director of respondent No. 2.