NARANJAN DASS Vs. STATE OF H P

JUDGEMENT

(1.) The petitioners joined the service of the second respondent M/s. Jogindra Central Co-operative Bank Limited, Nalagarh which is a Co-operative Society governed by tht provision of Himachal Pradesh, Co-operative Societies Act, 1963. First five petitioners joined the service in 1970 and the sixth petitioner joined in 1973. The petitioners were appointed as Recovery Supervisors in the pay scale of Rs. 60-4- 80/5-120. This scale was revised to Rs. 70-5-175/-. It was further revised to Rs. 110-250/- on the Punjab pattern. Respondents No. 3 to 9 entered service as Junior Clerks in the year 1970. According to the petitioners they were all juniors to them when they entered service. The scale of pay of the respondents originally was Rs. 60-4-80/5-120 but later on revised to Rs. 210-430/- on Punjab pattern. The petitioners made representations to the second respondent to integrate these two categories of post, namely, junior clerks and recovery supervisors, in 1980. The Executive Committee of the second respondent resolved that the two categories be integrated in the scale of Rs. 210-430/- from the date of respective appointments. The resolution also said that the petitioners will not claim arrears on the basis of such integration. The Board of Directors accepted all the recommendations of the Executive Committee and passed a resolution accordingly. The matter was referred by the Board of Directors to the Registrar of the Co-operative Societies who passed the order on 10.8.1982. The relevant portion of the order reads as follows:

(2.) The petitions rs were aggrieved by the directions of the Registrar that the Junior Clerks already in the high scale will be senior to the Recovery Supervisors and Recovery Supervisors will not be eligible for any arrears. They filed the petition for review before the Registrar in November, 1982 and that was rejected by a communication dated 26 September, 1983. The petitioners filed as appeal before the Secretary (Co-operation) to the Govt. of Himachal Pradesh who passed an order on 43.1993 dismissing the same and up-holding the order of the Registrar.

(3.) But soon after filing the appeal before the Secretary, the petitioners approached this Court with this writ petition for quashing the orders passed by the Registrar originally. In this writ a direction was given by this Court on the 27th August, 1992 to the Secretary to dispose of the said appeal within a period of four months from that date. The Court also directed that the copy of the decision shall be placed on record in this case. The copy of the order passed by the Secretary (Co-operation) is at Annexure R-1/1. The petitioners filed an amendment to the writ petition challenging the order of the Secretary also.