HEMLATA Vs. DIL BHADUR AND OTHERS

JUDGEMENT

(1.) By way of this appeal, the appellant has laid challenge to the judgment passed by the learned Single Judge in CWP No. 669 of 2006, decided on 25.06.2008, titled H.P. State Coop. Bank Ltd. Versus State of H.P. and others, vide which learned Single Judge while dismissing the writ petition so filed by H.P. State Co-operative Bank Ltd., respondent No. 2 herein, upheld the orders which were passed by Additional Registrar, Cooperative Societies and Additional Secretary, Cooperative Societies in the proceedings, which stood initiated before them by present respondent No. 1, Dil Bhadur.

(2.) Before proceeding further, it is pertinent to mention that appellant was not a party in the writ petition, nor was she a party in the proceedings which stood decided by Additional Registrar, Cooperative Societies and Additional Secretary, Cooperative Societies. It appears from the records that respondent No. 1 Dil Bhadur had initiated proceedings under Section 73 of the H.P. Cooperative Societies Act, 1968, wherein the relief prayed for by him was that H.P. State Cooperative Bank Ltd. i.e. his employer, be directed to reflect him as having been appointed against the post reserved for Scheduled Tribe candidate and not Scheduled Caste candidate, as was wrongly done by the bank. As per the petitioner, even at the time of interview, he had appeared as a Scheduled Tribe candidate and in support of his claim in the interview, he had produced his original Scheduled Tribe certificate also. The prayer made in the proceedings so initiated was to direct the bank to rectify the category of the petitioner and reflect him as Scheduled Tribe category candidate and not a Scheduled Caste category candidate.

(3.) Vide order dated 09.06.2005, the petition so filed by Dil Bhadur was allowed by Additional Registrar, (Monitoring) Cooperative Societies, H.P. Shimla-09 and respondent-Bank was directed to issue corrective order declaring Dil Bhadur to be a candidate of Scheduled Tribe and correct the office record i.e. Service Book, personal file and seniority list and place him at the appropriate place among the Scheduled Tribe Candidates in the establishment of the bank.