ISMAIL KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ALL the petitioners mentioned above claim to be the Managers of the Primary Agriculture Credit Co -operative Socities in Bharatpur District holding substantive posts and alleged that they are permanent employees. They have now received the orders which are impugned orders issued by the Managing Director, Central Co -operative Bank Ltd. Bharatpur directing their compulsory retirement under Rule 17 of the Krishi Rin Datri Sahkari Samitiyon ke Vyavasthapakon ke Chayan, Niyukti and Seva Niyam, 1977 thereinafter referred to as, 'the Rules, 19J7) in pursuance of the decision of the Committee. A specimen copy of the order passed in Ismail Khan's case is reproduced hereunder for ready reference: .........[vernacular ommited text]...........

(2.) THE service condition of these Managers are governed by the Rules 1977. The Registrar Cooperative Societies Rajasthan, Jaipur framed these rules, 1977 under Rule 41 of the Rajasthan Co -operative Societies Rules, 1966 (hereinafter referred to as the 'Rules'). Clause (1) of Rule 41 of the Rules, 1966 may be noticed here which, in terms, provides as under:

(3.) IN this Chaudhary ward, according to the petitioners, the employment of Managers of P.A.C.S. was adjudicated as that of the Cadre Authority and this authority was declared as an 'Industry'. The case of the petitioners is that, though the Manager of P.A.C.S. is in the employment of the aforesaid authority, but he is lent to the Central Cooperative Bank which posted him as Manager in the Gram Sewa Sehkari Samiti. After completion of (sic) years services as Manager, the Manager becomes eligible for selection as loan Supervisor in the Central Cooperative Bank. Thus, according to the petitioners, they are employees of the Cadre Authority though their services have been lent to the Central Co -operative Bank, Bharatpur.