JUDGMENT S.R. Singh, J. - Present is a bunch of six petitions being based on same cause of action and involving common questions of law, arising out of one and the same process of selection for appointment on the posts of Secretary, Primary Agricultural Co-operative Societies in the District of Gorakhpur undertaken in March-April 1984, followed by confidential communication contained in letter Cadre/SC/40098/103/dated Gorakhpur June, 17, 1985 written by Deputy Registrar, Co-operative Societies U. P. Gorakhpur to member Secretary, District Administrative Committee, U. P. Gorakhpur asking the letter to appoint ten candidates enumerated therein, who arc said to have been selected by the same Selection Committee, which is said to have selected the petitioners as well, in its meeting held on 24-4-1984. As such, I purpose to decide the above petitions by a common judgment with the consent for the learned Counsel appearing for the parties. Writ Petition No. 3665/91, Shiv Kumar v. District Administrative Committee shall be the leading file. 2. Before embarking upon narration of facts giving rise to these petitions, it would be useful for proper appreciation of the controversy involved in the case and the arguments advanced by the learned counsel for the parties to delineate certain provisions of law germane the discussions to be dwelt upon hereinafter. 3. Section 122-A (1) of the U. P. Co-operative Societies Act, 1965 (in short 'the Act) provides that notwithstanding anything contained in the Act, the State Government may, by rules provide for the creation of one or more services of such employees of such co-operative Societies or Class of co-operative societies as the State Government may think fit, common to such co-operative societies and prescribe the method of recruitment, appointment, removal and other conditions of service of persons appointed to any such service. In exercise of this power, the State Government has made rules known as The Uttar Pradesh Primary Agricultural Co-operative Societies Centralised Service Rules, 1976 (in short 'the rules') tide Notification No. C-91/XII-C-2/1976 published in U. P. Gazette Extra dated 19-8-1976, according to Rule 2 (c) whereof 'Centralised Service' means service, which includes posts mentioned in Rule 3. The relevant rules, as these stood at the relevant time, run thus : "3. Formation of Centralised Service. The Centralised Service shall comprise of the posts of Secretaries of the Societies. 4. The relevant rules, as these stood at the relevant time, run thus : "3. Formation of Centralised Service. The Centralised Service shall comprise of the posts of Secretaries of the Societies. 4. Scales of Pay.The Scales of pay of the Secretaries of different categories of societies shall, unless revised by the Registrar, Co-operative Societies, U. P. from time to time, be as follows : Category of Societies Basis of Categorisation Pay Scale of the Secretaries 1 2 3 Category I Annual lending in the preceding Co-operative year Rs. 5 lakhs or more The Secretary of such a Society shall be drawn from the cadre of Co-operative Supervisors, maintained by the U.P. Cooperative Union or from the cadre of Group II Inspectors/ADO (Co-operative) of the Co-operative Department and he shall be entitled to such pay and allowance as may be admissible to him in his parent organisation. Category II Annual lending in the preceding Co-operative year Rs. 3 lakhs or more, but not less than Rs. 3 lakhs. Rs. 230-6-290-E-B 8-330-EB-10-380 Category III Annual lending in the preceding Co-operative year Rs 1 lakh or more but less than Rs. 3 lakhs Rs. 200-5-240-EB-8-280 Category IV Annual lending in the preceding Co-operative year less than Rs. 1 lakh. Rs. 170-3-230 5. Qualifications. - No person shall be appointed as Secretary of a Society unless he fulfills the following minimum educational qualifications and such other condition as laid down by the Registrar under Section 120 of the U. P. Co-operative Societies Act, 1965 (Act XI of 1966) and the Rules framed thereunder Category of Societies Minimum Educational Qualifications 1 2 Category I Such qualifications as prescribed for Co-operative Supervisors and Group II Inspectors/A.D.Os. (Co-operative). Category II and III Intermediate in Commerce or Agriculture or Economics in the Second Division or a Graduate in Commerce or Agriculture or Economics of a recognised University, preference being given to those having received Co-operative training at a recognised training Centre or possessing at least one year's experience of continuous working in a Co-operative Society as a Sachive/Accountant. Category IV Intermediate in Commerce or Agriculture or Economics. 6, Strength. - The strength of such category of the post of the Centralised Service shall be fixed from time to time by the District Committee with the approval of the Secretary of the Authority. 23. Category IV Intermediate in Commerce or Agriculture or Economics. 6, Strength. - The strength of such category of the post of the Centralised Service shall be fixed from time to time by the District Committee with the approval of the Secretary of the Authority. 23. No person shall be appointed on any post included in the Centralised service unless he fulfils such conditions as may be prescribed in these Rules in respect of educational qualifications, age, experience and training. 24. Appointment of any post included in the Centralised Service shall be - (i) by direct recruitment, or (ii) by promotion. 25. Direct Recruitment. - All vacancies in the Societies of Category IV shall be filled up by direct recruitment by the Regional Committee. For this purpose the Committee shall ask for names of suitable candidates fulfilling the necessary conditions prescribed for the post from the District Employment officers of all the districts of the Region. The names to be asked for shall be three times of the number of vacancies to be filled. The recruitment shall be made by the Regional Committee by holding a written test and viva as may be prescribed by the Registrar, Cooperative Societies, U. P. The candidates shall be recruited with due regard to the representation or Schedule Castes, Scheduled Tribes and the dependents of freedom fighters as per orders issued by Government from time to time with regard to representation of these classes in Government Service : Provided that recruitment in the manner laid down above shall be made by a Selection Committee consisting of the following : - (i) Deputy Registrar of the Region ... Chairman (ii) Additional District Magistrate (Planning) District Planning officer of the district. Member (iii) A nominee of the Registrar, Co-operative Societies, U.P. ... Member 26. Recruitment by promotion.(1) In accordance with the regulations framed by the Authority with the approval of the Registrar, the vacancies in the societies of Category II and III shall be filled up by the District Committee by promotion of employees of the societies of a category immediately below the category of the societies the vacancies of which are to be filled up. The promotion shall be made on the principle of seniority subject to rejection of the unfit. The promotion shall be made on the principle of seniority subject to rejection of the unfit. (2) The vacancies in the societies of Category I shall be filled up by the District Committee by appointment of Co-operative Supervisors made available by the Co-operative Union or by appointment of the A. D. Os. (Co-operative) made available by the Registrar, Co-operative Societies, U. P. Provided that notwithstanding anything contained in Rule 4, if there is increase in the annual lending of a Society of Category If, as a result of which its classification is changed from Category 11 to Category I, the Secretary of such Society shall continue to hold the post of the Secretary of that Society and he shall without prejudice to the over all seniority be entitled to the same pay scale as admissible to a time scale Supervisor of the U. P. Co-operative Union and shall draw his salary, dearness allowance and additional dearness allowance admissible to the Supervisor of the aforesaid Union. His pay in the aforesaid scale shall be fixed at a stage immediately above the stage in the scale in which he was drawing his pay as secretary of the Society of Category II. xx xx 30. Miscellaneous (I) Subject to the provisions of these rules, the Authority shall flame regulation with the prior approval of the Registrar, Co-operative Societies, U. P. for the members of Centralised Service on their Service matters which may, inter alia include : (i) Method of promotion, appointment, probation, confirmation and termination ; (ii) Service records, seniority, reversion, retrenchment and resignation ; (iii) Pay scales, allowances, increment, joining time, leave, efficiency bar etc.; (iv) Conduct and discipline, penalties, disciplinary proceeding and appeals; (v) Provident fund, gratuity, security and advance. (2) So long as the regulations referred to in sub-rule (1) are not framed, all or any matters referred therein shall be governed by such orders or directions as may be issued by the Authority with the approval of the Registrar. (3) Any matter not covered in these rules shall be governed by such directions as may be issued by the Authority with the approval of the Registrar. (4) If any doubt or dispute arises in the application of these rules, the reference shall be made to the Registrar whose decision shall be final and binding on all concerned." 4. (3) Any matter not covered in these rules shall be governed by such directions as may be issued by the Authority with the approval of the Registrar. (4) If any doubt or dispute arises in the application of these rules, the reference shall be made to the Registrar whose decision shall be final and binding on all concerned." 4. Regulations known as the Uttar Pradesh Primary Agricultural Cooperative Credit Societies Centralised Service Regulations, 1978 (in short 'the Regulations') were made by the State Cadre Authority constituted under Rule 7 of the Rules with prior approval of- the Registrar. 5. By means of the Notification No. 1636/XII-C-1-84-1 (10) 1976 dated 8-6-1984, certain amendments were made in the rules. The relevant rules as they stand amended by notification referred to above, run as below : 3. Formation of Centralised service The Centralised service shall comprise the posts of Managing Directors of the Farmer's Service Co-operative Societies and Secretaries of the Primary Agricultural Credit Societies. 4. Scales of Pay The scales of pay of the Managing Directors and the Secretaries of different categories of societies shall, unless revised by the Registrar, Co-operative Societies Uttar Pradesh from time to time be as follows : Category of Societies Basis of Categorisation Pay scales of the Managing Directors/Secretaries Category I Farmers Service Co-operative Societies having annual lending in the preceding Cooperative year Rs. 10 lakhs or more. Rs. 450-25-650-EB-30-800-950 Category II Farmer's Service Co-operative Societies having annual lending in the preceding Cooperative year below Rs. 10 lakhs and other Primary Agricultural Societies having annual lending in the preceding Co-operative year Rs. 8 lakhs or more. Rs. 350-15-500-EB-20-600-EB-25-700 Category III The Primary agricultural societies having annual lending in the preceding Cooperative year below Rs. 8 lakhs. Rs. 230-6-290-E B-8-330-EB-10-380. Provided that the Managing Directors/Secrctarics of Societies of Category I and II, who may he drawn from the cadre of cooperative supervisors, maintained by the Uttar Piadesh Cooperative Union or from the cadres of Inspectors Group I and the Inspectors Group II of the Cooperative Department on deputation shall be entitled to such pay and allowances as may be admissible to Government servants on deputation as per rules and orders issued by the Government from time to time. Note.The Managing Directors, Secretaries except those who may be drawn from the cadres of Co-operative Supervisors and the Co-operative Inspectors Group I and II, shall be entitled to a consolidated pay in their respective scales as mentioned above. They may, however, be allowed such special allowances (but not dearness allowance) as may be determined by the Authority with the prior approval of the Registrar, Co-operative Societies Uttar Pradesh taking into consideration the annual profits earned by the Society. 5. Qualifications No person shall be appointed as Managing Director/Secretary of a society unless he fulfils the following minimum educational qualifications and such other conditions as laid down by the Registrar under Section 120 of the Uttar Pradesh Co-operative Societies Act, 1965 (Act XI of 1966) and the Rules framed there under. Categories of minimum Educational Societies qualifications Category I and II Graduate of a recognised University and trained in co-operative training at a recognised training centre. or Intermediate and trained in co-operative training/at a recognised training centre and possessing at least 5 years experience of continuous working as a Secretary in a Co-operative Society or as a co-operative supervisor of Uttar Pradesh Co-operative Union or as a Co-operative Inspector. Category III Intermediate in commerce or Agriculture or Economics. 6 - Strength The strength of the posts of Categories I, II and III of the Centralised Service shall be fixed category wise from time to time by the District Committee with the approval of the Authority. x x x x 24. Appointment on any post in the Centralised Service shall be (i) by absorption in accordance with Rule 21 : (ii) by taking on deputation from the Cadres of Co-operative Supervisors of Uttar Pradesh Co-operative Union and Inspectors Groups I and II of the Co-operative Department as provided in Rules 4 and 26 (2) : (iii) by direct recruitment ; or (iv) by promotion 25. Direct recruitment.(1) All vacancies of posts of Category III and twenty percent of vacancies of posts of Category I and II shall be filled up by direct recruitment by the Regional Committee. For this purpose the Committee shall ask tor names of suitable candidates fulfilling the necessary conditions prescribed for the post from the District Employment Officer of all the districts of the region. The names to be asked for from the District Employment officers shall be three times the number of vacancies to be filled. For this purpose the Committee shall ask tor names of suitable candidates fulfilling the necessary conditions prescribed for the post from the District Employment Officer of all the districts of the region. The names to be asked for from the District Employment officers shall be three times the number of vacancies to be filled. The Committee may also invite applications of the employees of the Co-operative Societies and of the retrenched Co-operative Supervisors and Kamdars of the Uttar Pradesh Co-operative Union fulfilling the conditions prescribed under Rule 28 and otherwise eligible for the post through the District Assistant Registrar Co-operative Societies of all the districts of the region, and by advertising the vacancies in at least two leading newspapers of the State. (2) The recruitment shall be made by the regional Committee by holding a written test and viva as may be prescribed by the Registrar, Co-operative Societies, Uttar Pradesh. The candidates shall be recruited with due regard to the representation of Scheduled Castes, Scheduled Tribes, the dependents of freedom fighters and the ex-servicemen of the Defence Forces as per orders issued by Government from time to time with regard to the representation of these classes in Government Service : Provided that recruitment in the manner laid down above shall be made by a Selection Committee consisting of the following : (i) Deputy Registrar of the Region Chairman. (ii) Chief Development Officer/District Development Officer Member. (iii) A nominee of the Registrar, Co-operative Societies, U. P. Member. 26. Recruitment by promotion.{I) In accordance with the regulations framed by the Authority with the approval of the Registrar eighty percent of the post of Category I and II shall be filled up by the District Committee by promotion of the members of a category immediately below of the category, the posts of which are to be filled up. The promotion shall be made on the principle of seniority subject to rejection of the unfit. (2) The vacancies in the associates of Category I and II may, wherever necessary be filled up by the District Committee by appointment of Co-operative Supervisors made available by the Uttar Pradesh Co-operative Union or by appointment of the Cooperative Inspectors Group I and II made available by the Registrar, Co-operative Societies, Uttar Pradesh. 6. (2) The vacancies in the associates of Category I and II may, wherever necessary be filled up by the District Committee by appointment of Co-operative Supervisors made available by the Uttar Pradesh Co-operative Union or by appointment of the Cooperative Inspectors Group I and II made available by the Registrar, Co-operative Societies, Uttar Pradesh. 6. A conspectus of the relevant rules indicates that the Centralised Service, as it initially stood, comprised only the posts of Secretaries of the Primary Agricultural Co-operative Credit Societies, but now it comprises the posts of Managing Directors of the Farmers' Service Co-operative Societies and the Secretary of the Primary Agriculture Co-operative Credit Societies {vide Rule 3). The Primary Agricultural Credit Societies now stand divided only in three categories, depending upon their annual lending capacities as against four categories as per Rule 4. The effect of re-categorisation is that Category IV societies stood re-designated as Category III society inasmuch as Category III societies as per existing Rule 4 are the societies having annual lending in the preceding co-operative year below Rs. 8 lacs which term includes the expression 'Annual Lending in the preceding Co-operative year less than Rs. 1 lakh' used for describing Category IV societies prior to amendment of Rule 4 of the Rules w.e.f. 8-6-1984. There is no qualitative change with regard to method of appointment on posts of Secretaries in Category III societies, as they stand categorised with effect from 8-6-1984 as compared to the method of appointment on the posts of Secretaries of Category IV societies as they stood prior to the said date inasmuch as the qualifications prescribed for the posts, remain un-altered and the manner as prescribed in Rule 25 for Category IV Societies is the same as is prescribed for Category III societies under the amended rule. 7. Amongst all the facts, it is not disputed before me that the petitioner who was working in the department, was selected for appointment on the post of Secretary by a Selection Committee which met on April 12, 1984. It is also not disputed before me that the petitioner's name finds place in the list of 35 candidates selected for appointment as Secretaries in the Primary Agriculture Credit Societies in district Gorakhpur. It is also not disputed before me that the petitioner's name finds place in the list of 35 candidates selected for appointment as Secretaries in the Primary Agriculture Credit Societies in district Gorakhpur. What is disputed before me by Sri A. K. Misra, learned Counsel appearing for the respondents is that the selection in the instant case was made for appointment on the posts of Secretaries in Category III societies but the selection as made by the Selection Committee in its meeting held on 12-4-1984 was never approved by the State Cadre Authority which according to Sri Misra, was a must for conferring rights, if any, in favour of the selected candidates as required by Circular, dated 16th April 1981 (Annexure C.A. 1) Sri H. N. Tripathi, learned counsel for the petitioners on the other hand contended before me that the selection was made in accordance with the provisions of Rule 25 of the Rules, as it then stood. His contention therefore, is that approval of the State Cadre Authority was not necessary and that the circular, dated 16th April 1981, on the basis of which the approval of the State Cadre Authority is sought to be insisted upon as a condition precedent for conferring any right in favour of the petitioner, was not attracted. 8. There is no specific pleading in the writ petition as to whether the appointments sought to be made were in respect of the Category IV or Category III societies, nor is there any mention as to whether the procedure visualised by Rule 25 was followed. Rather it appears from ground no. 1 that the petitioner has tried to suggest that the selection was made under Rule 26 of the Rules. The select, list, a copy of which has been annexed as Annexure-4 to the writ petition, however, indicates that it was prepared by a Selection Committee constituted as per requirement of the proviso to Rule 25 of the Rules as it then stood and reliance on Rule 26 the Rules in ground no. 1 of the petition seems to be based on misconception and the submission made by Sri A.K. Misra cannot be accepted. 1 of the petition seems to be based on misconception and the submission made by Sri A.K. Misra cannot be accepted. Recruitment to the posts of Secretary in the Societies of Category III according to Rule 26 (1) as it then stood, was required to be made by promotion" on the principle of seniority subject to rejection of the unfit, "The select list (Annexure-4 to the writ petition) purports to bear the signatures of Additional District Magistrate (Development, Gorakhpur, Kahetriya Prabandhak U. P. Co-operative Bank Ltd. Gorakhour Region Gorakhpur and Deputy Registrar, Co-operative Societies U. P. Gorakhpur constituting a three men Selection Committee as visualised by the proviso to Rule 25 as then stood. No such selection Committee was required to be constituted under Rule 26 (i) of the Rules as it then stood, for the obvious reason that District Administrative Committee which happens to be the authority had to fill up the vacancies by promotion on the basis of seniority subject to rejection of unfit of the eligible employees for which the service record alone of the concerned employees, was relevant and they had not be appear before any selection Committee for Interview nor had they to appear in any written test which procedure was required to be followed for-filling up the vacancies in the post of Secretary in the Societies of Category IV under unamended Rule 25 and now in the societies of Category 111 under the rule as it stands amended by the (third Amended) Rules 1984, w. e. f 8-6-1984. Although a written lest as contemplated by the rule was not held but that alone to my mind is riot enough to hold, as contended by Sri A. K. Misra, that the selection held on 12-4-1984 was one for filling up the vacant posts of Secretaries of Category ill Societies for as noticed above posts of Secretaries in Category III Societies were required, under the rule then in force, to be filled up by promotion of the employees working in Category IV societies on the basis of seniority subject to rejection of unfit. The procedure for direct recruitment prescribed under the unamended Rule 25 for category IV Societies was more or less the same as the one under the amended rule, for Category III societies. The procedure for direct recruitment prescribed under the unamended Rule 25 for category IV Societies was more or less the same as the one under the amended rule, for Category III societies. I am, therefore, of the considered view that the selection in the instant case was one for filling up the posts of Secretaries in the Societies of Category IV which stand re-designated and merged into, society of Category III as the categorisation now stands in view of the amended Rule 4 of the Rules with effect from 8-6-1984. 9. The next question that needs consideration is whether the select list prepared by the selection Committee constituted according to the proviso to Rule 25 of the Rules as it then stood (according to proviso to sub-rule (2) of Rule 25 of the amended Rules) is of no avail to the petitioner, as contended by Sri A. K. Misra, without being approved by the State Cadre Authority as required under Circular dated 16-4-2 981 (Annexure-1 to the Counter affidavit) issued by the Registrar, Co-operative Societies U. P. Lucknow. A perusal of the circular indicates that in modification of earlier instructions laying down norms and guide-lines to be followed in appointment to the posts of Secretary in Primary Agricultural Co-operative Credit Societies, the Registrar has indicated the following certain as to qualification, experience and age etc. A perusal of the circular indicates that in modification of earlier instructions laying down norms and guide-lines to be followed in appointment to the posts of Secretary in Primary Agricultural Co-operative Credit Societies, the Registrar has indicated the following certain as to qualification, experience and age etc. besides the method of selection : 1- vH;FkhZ b.Vj ehfM,V ijh{kk mRrhZ.k gS vkSj mls lk{kkRdkj dh frfFk;ksa rd fdlh lgdkjh laLFkk esa de ls de yxkrkkj 6 ekg dk;Z djus dk vuqHko gks lkFk gh mudh vk;q 21 o"kZ ls ' de ,oa 45 o"kZ ls' vf/kd u gksA ;g p;u dk;Z fuEu p;u lfefr }kjk lEikfnr fd;k tk;sxkA ( 1 ) {ks=h; mi&fucU/kd v/;ku ( 2 ) tuin dk vfrfjDr ftykf/kdkjh ( fodkl) A ftyk fodkl vf/kdkjh lnL;A ( 3 ) {ks=h; vf/kdkjh mRrj izns'k dksvkijsfVo cSad lnL;A ftu tuinksa esa ' lfpo ds' infjDr gSa ogkWa ds ftyk lgdkjh laLFkkvksa ' ds ,sls' deZB deZpkjh tks mijksDr fu/kkZfjr vgZrkvksa dh iwfrZ djrs ' gksa dh lwph vius {ks=h; mi&fucU/kd p;u gsrq miyC/k djk;saxsA bu lwfp;ksa esa mu O;fDr;ksa ds' uke vafdr u fd;s tk;s ftUgsa iwoZ Ldzhfuax ls vuqiZ;qDr ?kksf"kr fd;k tk pqdk gSA {ks=h; mi&fucU/kd p;u gsrq lk{kkRdkj dh frfFk fuf'pr dj mldh lwpuk lHkh vH;fFkZ;ksa dks HkstsaxsA mDr p;u lfefr }kjk lk{kkRdkj ds vk/kkj ij vH;fFkZ;ksa dk lfpo in gsrq p;u fd;k tk;sxkA 10. The circular further provides as under p;u lfefr }kjk ftu vH;fFkZ;ksa dks lfpo in gsrq mi;qZDr ik;k x;k mudh lwph iwoZ fooj.k lfgr jkT; lsok;sa vf/kdkjh dks izsf"kr dj nh tk;sxhA jkT; lsok;sa vf/kdkjh ls vuqeksnu izkIr dj lanfHkZr lwph esa ls tSls&tSls fjfDr;kWa gks ftu iz'kklfud desVh }kjk fu;qfDr vkns'k fuxZr fd;s tk;saxsA 11. In Bhagwan Prasad Sharma and others v. The State of U.P. and others, (1991) 1, UPLBEC p. 17 a writ petition arising out of the same selection which the present petitioners arc concerned with the question under discussion was answered by the learned Judge (Hon. B.L. Yadav, J.) thus : "Unless there is some specific provisions under the Rules or under the Regulations power for the approval could not be just assumed. No such rule or regulations was pointed out to me by the learned counsel from either side under the regulations.. 21 and 22 or any other regulation no such approval was pointed out. No such rule or regulations was pointed out to me by the learned counsel from either side under the regulations.. 21 and 22 or any other regulation no such approval was pointed out. Once a statutory selection Committee has been constituted and it has held interview' and selected the candidates including the petitioners, there could be no deviation on the one pretext or the other. The power for the approval could not be just assumed by implication It must be specific direct, positive and it must be provided statutorily." 12. The learned Judge concluded the discussion on the issue in these words. "I am accordingly of the considered opinion that the selection made by the selection Committee became final and it could not be deemed to be subject to approval by some other authority as suggested by the learned counsel for the respondents." 13. Regulations 3, 20 and 21 of the Regulations made by the State Cadre Authority in exercise of its powers under Rule 30 of the Rules with prior approval of the Registrar as already notice runs thus : "3. The regulations shall govern the recruitment, appointment, transfer, punishment, pay and allowances, leave, training promotion termination, disciplinary proceedings, removal and dismissal and all other matters relating to the condition of service of the post of secretaries of Primary Agricultural Co-operative Societies." X X X 20. Every person selected for appointment by direct recruitment shall before joining duty be required to furnish : (a) A medical certificate of witness from the medical officer a primary Health Centre. (b) A certificate of good character from two responsible persons or gazetted officer. (c) A declaration by the candidate to the effect that he is either a bachelor or married has not more than one wife living. (d) Security as specified by the registrar under Section 120 of the Act. 21. The appointment to the Centralised service shall be made by the District Committee : Provided that the letter of appointment shall be issued by the Member Secretary of the District Committee and shall contain the name of the candidate, place of posting, nature of appointment, probation's period, security, salary with scale, documents to be furnished as per Regulation No. 20 and the date by which has to joint". 14. 14. A conspectus of relevant provisions in the Rules and Regulations would make it abundantly clearly that neither prior nor subsequent approval of the State Cadre Authority is necessary for infusion of life in the selection made by the Selection Committee constituted under Rule 25 of the Rules so as to make the selection worthwhile for conferral of any legal right in favour of the selected candidates. Sustenance of the select list in Jaw is not dependent upon its approval by the State Cadre Authority. 1 am therefore, in respectful agreement with the view expressed on the point in Bhagwat Prasad Sharma's case (supra). The case of Suresh Chandra Tewari v. State of U.P., (1990) 1 UPLBEC 484, cited by Sri Misra, is not applicable on the facts of this case. 15. The next important question to be considered is whether the selection made on the basis of viva alone without holding any written test as required under Rule 25 of the Rules is valid and confers any legal right in favour of the selected candidates ? The rule no doubt indicates that the direct recruitment under the rule is to be made" by the Regional Committee by holding a written test and viva" as may be prescribed by the Registrar Cooperative Societies, Uttar Pradesh, but a closer scrutiny of the provision would indicate that it being an enabling provision, the word "and" occurring in between the words "test" and "viva" in the rule has been used disjunctively and not conjunctively that is to say, it has been used in the sense of 'or' Both, written test and viva or either of these courses "as may be prescribed by' the Registrar" may be followed. The circular, dated 16-4-1981 permits selection on the basis of viva alone as is clear from the expression "Ukta Chayan Samiti Dwara Sakshatkar Ke Adhar Par Abhiyarthiyon Ka Sachiv Pad Hetu Chayan Kiya Jayega" occurring in the circular- The circular in so far as it permits selection on the basis of viva alone is permissible by the strength of Rule 25 of the Rules itself, but so far as it requires the appointment of the selected candidate, to be made, with the approval of the State Cadre Authority as and when vacancies arise, is not permissible in law for that would prejudice the power conferred under on the District Administrative Committee by Rule 13 of the Rules and Regulations 5 and 21 of the Regulations. Assuming for the sake of argument, that this part of the Circular too is permissible under Rule 25 then such an approval can still be obtained. In fact, the State Cadre Authority seems to have approved the appointment of Durgesh Singh and Inamul Haq as is clear from the letter, dated 30-1-1985 (Annexure-2 to the writ petition). Both these persons are said to have been selected along with the petitioners. There is no reason to refuse approval as and when it is sought for in respect of the petitioners who were also selected by the same selection Committee in the same process of selection. 16. The learned Counsel for the respondent then contended that the petitions are liable to be dismissed on the ground of laches particularly because the interest of third parties has intervened due to appointments made since 1984 till date. Linked with this submission is yet another submission of the learned counsel that after the re-categorisation of the Societies in terms of Rule 4 of the amended Rules the Registrar issued another circular No. C-131/Cadre Prim. Agri. Credit Co-operative Society/Adhi-1 dated 5-2-1988 Paras 3 and 4 where of lay down the manner of recruitment under Rule 25 of the Rules providing therein that the selection would be made on the basis of written test and viva. This is unlike the provision made in this regard in the earlier Circular, dated 16-4-1981 where under selection on the basis of viva alone was permissible. This is unlike the provision made in this regard in the earlier Circular, dated 16-4-1981 where under selection on the basis of viva alone was permissible. It is contended that written test was held followed by viva on the basis of the Circular, dated 5-2-1988 and the vacancies in the societies of Category III were filled in accordance there with and the petitioners were allowed to appear in the test held on the basis of Circular, date 5-2-1988 but the could not succeed. 17. The submissions made by Sri A. K. Misra, though look reasonably attractive and forceful, but the respondents cannot be permitted to set up and plead their own inaction as an estoppel against the petitioner. Acquiescence is sometime called 'sleeping on one's rights'. A person having full knowledge of his rights, neglecting to dispute rights of another, or the enforce his rights, will be debarred from enforcing his rights and from questioning the others' rights, according to the doctrine of estoppel by acquiescence. It is very often applied where the question of enforcement of equitable rights arises. In the instant case, it has been averred in the petition that the petitioner has been perusing the respondents through out for issuance of letter of appointment and that of late, the respondents had assured that they would act according to the judgment of the High Court in the Writ petition Bhagwan Prasad's (supra). Further in view of the stand taken by the respondents as to approval of the selection by the State Cadre Authority according to the circular dated 16-4-1981 it would not be unreasonable to infer that the petitioner has been waiting for the approval being accorded by the State Cadre Authority. The respondents having failed to apply the judgment and order dated 20-11-1990 in Bhagwan Prasad writ (supra) to non-petitioners, the present petition were filed. I am therefore, not inclined to dismiss the petitions on the ground of laches. As to the plea that the petitioners appeared in the test held in 1988 and would on that account be deemed to have abandoned their rights, if based on selection held in 1984, I am of the view that the right which accrued in favour of the petitioners on the basis of selection held in 1984 would not stand defeated merely because the petitioners participated in the 1988 test. The petitioners do not appear to be quite sure about the legal position as to approval of the selection by the State Cadre Authority and therefore even if they, appeared and failed in the test held in 1988, would not be estopped from enforcing the right which accrued in his/their favour in 1984. The respondents have admittedly acquiesced to the judgment and order dated 20-11.-1980 of the High Court which has been acted upon by the respondents. In Sha Mulchand and Co. Ltd. v. Jawahar Mills Ltd. Salem, AIR 1953 SC 90, the Hon'ble Supreme Court has propounded that mere waiver, acquiescence or laches not amounting to abandonment of his right or to an estoppel against a person from claiming relief in equity in respect of his executed and not merely executory contract. On the same principle the right which accrued in favour of the petitioners on the basis of the selection held in 1984, can still be enforced even if they appeared in the list held in 1988. In this regard, it would be pertinent to note that although the select list of 1984 was forwarded to the State Cadre Authority but no final decision either of the State Cadre Authority or the Regional Cadre Authority nor even of the District Committee finally closing down the Chapter was brought to my notice. 18. However the case of petitioner Vakil Misra in writ petition No. 134 of 1991 stands on a different fooding and I am not inclined to interfere in his case. It appears, he was appointed Secretary by promotion in 1986 on ad hoc basis but reverted to his substantive post on ground connected with misconduct involving mis-appropriation of funds. It would not be proper to issue a writ under Article 226 of the Constitution in his favour. 19. The learned counsel for the respondents lastly contended that the petitioner has an alternative remedy by way of reference under the provisions of the U. P. Industrial Disputes Act, 1947 and the writ petitions are liable to be dismissed on this ground alone in view of the Full Bench decision of this Court in Chandrama Singh v. Managing Director, (1991) 1 UPLBEC p. 898. This contention of the learned counsel cannot be accepted. In the present petition, the petitioner has sought for the relief of mandamus commanding the respondents to issue appointment letter in his favour. This contention of the learned counsel cannot be accepted. In the present petition, the petitioner has sought for the relief of mandamus commanding the respondents to issue appointment letter in his favour. The petitioner is yet to be appointed. The dispute of the nature involved in the present petition does not tent amount to an 'Industrial dispute' within the meaning of the Act. 20. In view of the above discussion, writ petition No. 134 of 1991 fails and is dismissed. In so far as petitions No. 3665 of 1991, 3480 of 1991, 3481 of 1991, 3509 of 1991, 3482 of 1991 are concerned, they are allowed. The respondents are directed to offer appointment to the petitioners Shiv Kumar, Bhagwati Prasad, Shesh Nath Singh, Ram Briksh Verma and Ram Asrey on the basis of the select list prepared by the Selection Committee in its meeting held on 12-4-1984 under Rule 25 of the Rules against the existing or future vacancy. The parties are directed to bear their own costs.