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2013 DIGILAW 734 (ALL)

Jamadar Singh Yadav v. District Co-Operative Bank Ltd. , Mainpuri and Others

2013-03-06

RAJES KUMAR

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Rajes Kumar, J.— Heard Sri Ajay Vikram Yadav, learned counsel appearing on behalf of the petitioner. No one appeared on behalf of the respondents. The brief facts of the case are that the petitioner was appointed on the post of Senior Clerk against the substantive vacancy by the Board of Director of District Co-operative Bank Limited, Mainpuri and joined the service on 26.10.1971. By the order dated 6.9.1979, Secretary/General Manager of the Bank has directed the petitioner to officiate as Branch Manager until further order at Branch Jagir. By the order dated 18.1.1980, the Chairman of the Bank has temporarily promoted the petitioner on the post of Branch Manager in the pay-scale of Rs.200-10-300 E.V. 20-500. By the impugned order dated 7.12.1998, the promotion order dated 18.1.1980 has been cancelled being illegal. It has been cancelled mainly on the ground that under Regulation 5 of the U.P. Co-operative Societies Employees Service Regulations, 1975, the entire appointment whether the direct recruitment or by promotion was governed by the Board. It further provides that where the promotion is being made by the Committee of Management from the junior employees without the approval of the Board, the same shall become ineffective after the expiry of six months. The Chairman of the Bank has appointed the petitioner as the Branch Manager vide order dated 18.1.1980 contrary to the Regulation 5 (2) and he has been allowed to continue even after expiry of six months for which he has no authority to do so. In seniority list dated 27.12.1982, the petitioner has been placed at serial no. 17, has been challenged in Writ Petition No. 1052 of 1983, which has been dismissed on 25.1.1983. The promotion of the petitioner has been cancelled in view of the direction given by the U.P. Sahkari Sansthagat Seva Mandal Lucknow vide order dated 9.11.1998. In pursuance of the impugned order dated 7.12.1998, by the order dated 8.12.1998 the petitioner has been directed to give the charge of the Branch Manager. Learned counsel for the petitioner submitted that the petitioner has not been given any opportunity before passing the impugned order. He referred the inquiry report annexed with the rejoinder affidavit dated 26.7.2004 wherein the cancellation of the petitioner's promotion after working on the promoted post of Branch Manager for 19 years was held to be unjustified. Learned counsel for the petitioner submitted that the petitioner has not been given any opportunity before passing the impugned order. He referred the inquiry report annexed with the rejoinder affidavit dated 26.7.2004 wherein the cancellation of the petitioner's promotion after working on the promoted post of Branch Manager for 19 years was held to be unjustified. He submitted that the petitioner has worked efficiently on the post of Branch Manager and his work has always been appreciated. He worked for more than 18 years and the cancellation of his promotion was wholly unjustified. I do not find substance in the argument of learned counsel for the petitioner. The U.P. Co-operative Societies Act, 1961 is applicable to all District Co-operative Banks. The State Government constituted U.P. Co-operative Institutional Service Board Lucknow (hereinafter referred to as "Service Board') in exercise of power under Section 122 of the Act. The Service Board has framed Regulations named as U.P. Co-operative Employees Service Regulations, 1975 (hereinafter referred to as 'Regulations 1975') regarding recruitment, appointment and other service conditions of the employees. The said Regulations 1975 has been approved by the Governor of State of U.P. Therefore, after the commencement of U.P. Co-operative Employees Service Regulations 1975, all the recruitment, appointment and promotion etc. are to be made under the said Regulations. Regulation 5 of the U.P. Co-operative Societies Employees Service Regulations, 1975 reads as follows: "5. Recruitment- (i) Recruitment for all appointments in a co-operative society shall be made through the board whether the recruitment is- (a) direct; or (b) by promotion from employees already in the service of the society; or (c) by taking on deputation or otherwise, person already in the service of another society registered or deemed to have been registered under the Act, or a person in employment under a corporation or on undertaking owned or controlled by the Central or the State Government body corporate administering a local fund. (ii)Notwithstanding anything in clause (i) no reference to the Board shall be necessary in the following cases: (a) When it is proposed to fill with the concurrence of the Registrar any post by means of deputation of a government servant, or (b) When the Managing Committee or any other authority competent to make the appointment proposes to fill up as a stopgap measure for a period not exceeding six months a post by promotion from amongst the employees in this just below cadre on the principle seniority, subject to the rejection of the unfit: Provided further that any appointment thus made without consultation with the board shall in every case, cease to have effect from the date on which the period of six months expires and the employees promoted to the higher post shall unless he has already been reverted to his original post within the said period of six months be deemed to have reverted from that date, to the post held by him immediately before such promotion: Provided further that the employee appointed to the higher post under this sub-clause shall, in no circumstances, be promoted under this sub-clause to any still higher post within the said period of six months, nor shall be appointed under this sub-clause to the same post again after his reversion under the first proviso. (iii)To facilitate the performance of the duties enjoined upon the Board under clause (i), every co-operative society shall communicate to the Board by 31st December every year the approximate number of vacancies likely to arise during the course of the next calendar year by reasons of creation of new posts, retirement, deputation or otherwise. (iii)To facilitate the performance of the duties enjoined upon the Board under clause (i), every co-operative society shall communicate to the Board by 31st December every year the approximate number of vacancies likely to arise during the course of the next calendar year by reasons of creation of new posts, retirement, deputation or otherwise. (iv) Notwithstanding anything contained in clause (i) recruitment to post in Category IV shall be made by a selection committee which- (1) In case of District Central Co-operative Banks, District Co-operative Federations, Uttar Pradesh Postal Employees, Co-operative Bank Limited, Lucknow and Oudh and Rohilkhand Railway Employees Co-operative Bank Limited, Lucknow shall consist of- (a) Chairman/Administrator of the Society, who shall be the Chairman; (b) the Secretary of the Society, who shall be the Convener, and (c) Assistant Registrar of the District and (2) In case of apex co-operative societies shall consist of- (a) Chairman/Administrator of the Society or his nominee, who shall be the Chairman; (b) Secretary/Managing Director of the Society, who shall be the Convener, and (c) an officer not below the rank of an Additional Registrar, nominated by the Registrar. (v)Selection made by the Selection Committee referred to in clause (v) shall be subject to the approval of the Board and appointments shall be made after the approval of the Board. (vi) Notwithstanding anything contained in clause (iv), a co-operative society in which the appointments are to be made, shall send to the Board a requisition in the Form specified in Appendix "A" at least three months before the vacancy is sought to be filled up. No change shall ordinarily to be made by the Society in the requisition after the advertisement has been sent for publication. (vii) In making recruitment to any post the Board may require the appointing society or the society to which the appointing society is affiliated to send one of its officers to the Board and when the recruitment is to be made for a technical post or a post requiring specialised knowledge or skill, the Board may also request any appropriate institutional authority to depute a technical adviser to assist the Board." Regulation 5 (i), referred herein above, provides that all the recruitments whether direct or by promotion shall be made through the Board. Regulation 5 (ii) provides that when the Managing Committee or any other authority competent to make the appointment proposes to fill up as a stopgap measure for a period not exceeding six months a post by promotion no reference to the Board is necessary. However, the proviso provides that any appointment made without consultation with the Board shall in every case, cease to have effect from the date on which the period of six months expires and the employees promoted to the higher post shall unless he has already been reverted to his original post within the said period of six months be deemed to have reverted from that date. In the present case, admittedly, the petitioner has not been promoted by the Board. By the order dated 6.9.1979, the petitioner has been given officiating charge of Branch Manager at Jagir Branch until further orders by the Secretary/General Manager of the Bank. The Chairman of the Bank by his order dated 18.1.1980 promoted the petitioner on ad hoc basis as Branch Manager. Neither the petitioner has been promoted by the Board nor any approval of his promotion has been granted by the Board. Thus, in view of the proviso to Regulation (ii) his promotion ceased after the expiry of six months and he was deemed to have been reverted after the expiry of six months. His continuity on the promoted post after the expiry of six months was absolutely illegal. In the circumstances, there was no illegality in the cancellation of the order of promotion. In view of the above, the writ petition has no substance and is accordingly dismissed. _____________