JUDGMENT : R.A. SHARMA, J. 1. Petitioner was initially appointed as Accountant in Cooperative Society. Later on he was appointed as its Secretary. In 1978 his services were terminated against which he has filed this writ petition. 2. Respondents have filed counter affidavit and Petitioner has filed rejoinder affidavit in reply thereto. I have heard learned Counsel for the parties. 3. u/s 122-A of the Uttar Pradesh Cooperative Societies Act, 1965 provisions for creation of centralised services of such employees of such Cooperative Societies or class of Cooperative Societies as the State Government may think fit have been made. This section is reproduced herein-below: 122-A. Centralisation of certain services:- (1) Notwithstanding anything contained in this Act, the State Government may by rules provide for the creation of one 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 prescribed the method of recruitment, appointment, removal and other conditions of service of persons appointed to any such service. (2) When any such service is created, all employee of such societies existing on the date of creation of such service on the posts included in such service, shall be deemed to have been provisionally absorbed in the service with effect from the date of creation of such service. Provided that any such employee may, by notice in writing to the prescribed authority within the prescribed period, intimate his option of not becoming a member of such service and in that event his services in the society shall stand determined with effect from the date of such notice and he shall be entitled to compensation from the society which shall be:- (a) in the case of a permanent employee, a sum equivalent to his salary (including all allowances) for a period of one month or for the remaining period of his service, whichever is less. (b) in the case of a temporary employee, a sum equivalent to his salary (including all allowances) for a period of one month or for the remaining period of his service, whichever is less. (3) An employee provisionally absorbed under Sub-section (2) may be absorbed finally in the service if found suitable after screening in accordance with the instructions issued by the Registrar and the service of any such employee as is not found . (3) An employee provisionally absorbed under Sub-section (2) may be absorbed finally in the service if found suitable after screening in accordance with the instructions issued by the Registrar and the service of any such employee as is not found . suitable for absorption in the service shall stand determined with effect from the date of issue of orders in that behalf by the prescribed authority and until such authority is prescribed by the officer specified by the Registrar in that behalf in such instructions and he shall be entitled to compensation as laid down in Clause (a) or Clause (b) of Sub-section (2) according as he was a permanent or a temporary employee. 4. In pursuance of the above provisions, Uttar Pradesh Primary Agricultural Co-operative Credit Society Centralised Service Rules, 1976 (hereinafter referred to as the Rules) were framed by the Government of Uttar Pradesh creating centralised services for service of the Secretaries of the Primary Agricultural Co-operative Credit Societies. Before the Rules were enacted, the Petitioner was already appointed as a Secretary and on the date of their enforcement, he was holding the said post of Secretary. In view of the provisions of sub-sections (2) and (3) of Section 122-A of the Act, the Petitioner stood provisionally absorbed in the centralised service with effect from the date of creation of such service and if he was not found suitable for final absorption, it was open to the Prescribed Authority to determine his service with effect from the date of issue of the order in that connection. But no order terminating his service was passed. In 1977, the Petitioner filed a Writ Petition No. 954 of 1978, which was dismissed with the observation that there is no order of termination of his service. The Petitioner, as such, continued to work as Secretary. However, on 26.10.1978 Petitioner was asked to handover charge of the post of Secretary and on inquiry he was informed that he will not be permitted to work, although no order terminating his service was passed or communicated to him. He appears to have called upon the Respondents but without any success. Hence this, writ petition for appropriate relief. 5. Respondents have filed counter affidavits. He appears to have called upon the Respondents but without any success. Hence this, writ petition for appropriate relief. 5. Respondents have filed counter affidavits. The main counter affidavit is that of Sri A. K. Dalela, in para 5 of which it has been averred that although the Petitioner was provisionally absorbed in December, 1976 but the Deputy Registrar, who was authorised to examine the cases for final absorption by the Registrar, did not absorb him finally as he did not appear before him. It is further stated that although the Petitioner was not finally absorbed in 1976 but he continued thereafter due to the fact that no other persons were available to, work in his place. 6. It is not disputed that no order determining the service of the Petitioner under Sub-section (3) of Section 122A of the Act has been passed by the Registrar or the prescribed authority. The contention however, of the Respondents is that the Deputy Registrar has passed an order, a copy of which has been filed as Annexure I to the counter affidavit, wherein the names of those, who were found suitable, have been mentioned and as the names of the, Petitioner does not find place in that order, it is deemed that he was not found suitable and was not finally absorbed and his services by implication stood terminated. It is not possible to agree with the learned Counsel. 7. From the perusal of Sub-section (3) of Section 122A of the Act, which has been reproduced hereinabove, it is quite apparent that an employee, who is provisionally absorbed under Sub-section (2), is entitled to continue in service till the question of his absorption is considered and if he is found not suitable, his services have been determined by the order of the appropriate authority. Such an employee is also entitled, in view of the provisions of Sub-section (3) of Section 122-A, to be paid compensation in accordance with Clause (a) or (b) of Sub-section (2) thereof. In the instant case there is neither any order determining the service of the Petitioner nor was the amount of compensation paid to him. Unless such an order has been passed and communicated to the employee concerned his services, cannot be treated to have terminated by implication. 8. In the instant case there is neither any order determining the service of the Petitioner nor was the amount of compensation paid to him. Unless such an order has been passed and communicated to the employee concerned his services, cannot be treated to have terminated by implication. 8. That apart, from the perusal of Annexure C.A. I it appears that, as the relevant records from all the co-operative societies were not available and could not be examined, the prescribed authority considered the cases of only those secretaries, whose service record was available and who have appeared before him. On consideration of the record of such persons, names of those, who were found suitable for absorption were mentioned in the order (Annexure C.A.I.). There is nothing on the record to show that the record of the Petitioner's case was before the Deputy Registrar and was considered by him. It is however, not disputed that the Petitioner did not appear before the Deputy Registrar and he denies having received any notice for appearance. Even if it is presumed that his case was considered, but as no order terminating his service has been passed, it cannot be said that his services have been terminated. He continues to be provisionally absorbed in the service till his service is determined in accordance with Sub-section (3) of the above section. 9. In view of what has been mentioned above, it cannot be said that the Petitioner has ceased to be the Secretary of the co-operative society. He is entitled to continue as the secretary and it is not open to the Respondents to stop him from working except in accordance with law or till his case is considered in accordance with Sub-section (3) of Section 122A of the Act and his services are terminated by order in writing in case he is found not suitable. 10. Petitioner's services were terminated in 1978 and there is nothing on the record to find out as to whether he is employed somewhere or not. The presumption may be that he must be doing some work somewhere, as it is difficult to imagine a person sitting idle poor about 15 years. It is, as such, not proper for this Court to issue any direction for payment of the arrears of his salary from the date of termination of his service till the date of his reinstatement. It is, as such, not proper for this Court to issue any direction for payment of the arrears of his salary from the date of termination of his service till the date of his reinstatement. That apart, no prayer has been made in the writ petition for such payment and there is also no ground taken in support thereof. 11. The writ petition is accordingly allowed with costs. Respondents are directed to reinstate the Petitioner forthwith. Petitioner will have the liberty to make representation before the appropriate authority for payment of arrears of his salary from the date of termination of his service till the dace of reinstatement, which shall be determined in accordance with law after giving him reasonable opportunity of being heard.