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2016 DIGILAW 512 (HP)

RAKESH KUMAR v. STATE OF H. P.

2016-04-19

PREM KUMAR, V.K.SHARMA

body2016
JUDGMENT : 1. The original application has been filed on the following substantive prayers vide para 7 (i) to (iv):- "(i) That annexure A-9 dated 15.1.2015 and annexure A-10 dated 5.2.2015 may very kindly be quashed and set aside. (ii) That the respondents may kindly be directed to frame a policy for the absorption of services of certified auditors in the cooperative department as inspector Cooperative Societies or Grade III officers/Clerks in cooperative banks or in other cooperative federations or institutions as per the qualification of the applicants. (iii) It is prayed that 25% posts be reserved in the Cooperative Department/Cooperative Banks for certified auditors. (iv) That in case the respondents initiate process for filling up 121 posts of Cooperative Inspectors, applicants may very kindly be ordered to be considered for appointment against said posts being qualified and experienced." 2. It is for the second time that the applicants' association/applicants are in litigation for redressal of the above prayers. Initially, their association had approached the Hon'ble High Court of Himachal Pradesh by way of CWP No. 8604 of 2014, Certified Auditor's Association of Cooperative Societies v. State of Himachal Pradesh and others (memo of parties filed which is taken on record), which was disposed of vide order dated 24.12.2014, Annexure A-7, text whereof is as under:- "Heard. 2. On the facts as pleaded in the writ petition and the submissions made by learned counsel, the petitioner would feel satisfied in case he is allowed to make a representation highlighting his grievances therein to 2nd respondent. Learned Additional Advocate General is also not averse to such submissions made on behalf of the petitioner. 3. In these circumstances, it will be open to the petitioner to approach the 2nd respondent by making a representation, who shall dispose of the same by a speaking order within six weeks from the date of production of a copy of this judgement by the petitioner. Liberty, however, is reserved to the petitioner to approach this court again if need so arises. 4. With the aforesaid observations, the present petition stands disposed of." 3. Pursuant to the above order dated 24.12.2014, representation dated 12.01.2015, Annexure A-8, was submitted on behalf of the association to respondent No.2, the Registrar Co-operative Societies, Himachal Pradesh. Liberty, however, is reserved to the petitioner to approach this court again if need so arises. 4. With the aforesaid observations, the present petition stands disposed of." 3. Pursuant to the above order dated 24.12.2014, representation dated 12.01.2015, Annexure A-8, was submitted on behalf of the association to respondent No.2, the Registrar Co-operative Societies, Himachal Pradesh. However, the representation was decided by the Chief Secretary (Cooperation) to the Government of Himachal Pradesh vide order dated 15th January, 2015, Annexure A-9, instead of the Registrar Cooperative Societies, Himachal Pradesh as ordained by the Hon'ble High Court vide the aforementioned order dated 24.12.2014, Annexure A-7. The decision was against the association. 4. However, subsequently respondent No.2, the Registrar Cooperative Societies, Himachal Pradesh also considered and decided the aforementioned representation vide a concurring order dated 05.02.20 15, Annexure A-10, with the following observations contained in para 2:- "2. The office of Ld. Advocate General vide its office letter dated 30.12.2014 had inadvertently conveyed the order of the Hon'ble High Court passed in CWP No. 8604 of 2014 to the respondents as under: "The petition is disposed of with the direction to respondent No.1 to examine and consider the case of the petitioner in the light of the rules/law..." 5. It is how the applicants are now before this Tribunal with the above prayers. According to them, when once the prayer of the association had not found favour with the Chief Secretary (Cooperation) to the Government of Himachal Pradesh vide order dated 15.01.2015, Annexure A-9, the exercise carried out by the Registrar Cooperative Societies, being an officer of the lower rank was mere a formality. 6. It is the case of the applicants that they have worked as Certified Auditors for more than sixteen years and have gained sufficient experience in the field. It being so, they deserve to be considered for absorption in the department byway of framing an appropriate policy by the State Government. 7. In view of the above, the original application is disposed of with a direction to the respondents/competent authority for placing the matter at the level of Minister Incharge for consideration and decision afresh without being influenced by the aforesaid order dated 15.01.2015, Annexure A-9, passed by the Chief Secretary (Cooperation) to the Government of Himachal Pradesh and 05.02.2015, Annexure A-10, by the Registrar Cooperative Societies, Himachal Pradesh, as expeditiously as possible. 8. 8. In the meanwhile, the respondents/competent authority may consider to keep in abeyance the process for recruitment to the post of inspector (Audit) Cooperative Societies (contractual basis), inter-alia, notified vide advertisement notice dated 22.03.20 16, Annexure A-11, issued by the Himachal Pradesh Public Service Commission, till the matter is considered and decided by the aforesaid authority. 9. The original application stands disposed of in the above terms. 10. With disposal of the original application, MA No. 545 of 2016 for interim directions shall also stand disposed of.