Court No. - 18 Case :- WRIT - A No. - 44294 of 2010 Petitioner :- Shivanand Mishra And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- R. S. Singh Respondent Counsel :- C. S. C.,D. P. Singh Hon'ble Arun Tandon,J.
Heard Sri R.S. Singh, learned counsel for the petitioners, Sri D.P. Singh,
learned counsel for respondent nos. 3 to 5 and learned Standing Cousnel for
the State-respondents.
Petitioners were initially appointed as daily wage employees on fixed pay in
the employment of District Cooperative Bank Ltd., Jaunpur. Petitioners filed
Civil Misc. Writ Petition No. 20698 of 1988 claiming regularization. An
order was passed by the Writ Court on 21st May, 1996 directing that since
the petitioners have completed 240 days of continuous service, they may be
regularized under the relevant service rules as per the wishes of the Bank
itself reflected in its Resolution. The Bank constituted a selection committee
for the purposes of regularising the services of the petitioners and in
pursuance thereof an order was issued on 17th May, 2004 stating therein that
the petitioners stands regularized with reference to the date of the meeting of
the selection committee as noticed in the order. Clause-9 of the order
specifically mentions that employees so regularized will not have any claim in
the matter of fixation of salary, seniority and other service benefits for the
past services rendered on ad hoc basis and all claims in that regard shall stand
closed from the date of issuance of the order. This order of the Bank dated
17th May, 2004 has not been challenged before any authority and has become
final between the parties. Despite the said order the Committee of
Management of the Bank is stated to have passed a resolution on 9th
December, 2004 providing that all service benefits be granted to the persons
like the petitioners from the date of their initial appointment and approval
from the Joint Registrar, Cooperative Bank is also stated to have been
obtained.
It is stated that the petitioners in fact were granted such monetary benefits
from the date of their initial appointment thereafter. However, w.e.f. January,
2008, salary of the petitioners has been reduced and the benefit earlier granted
in respect of length of service rendered on ad hoc basis has been withdrawn.
No order has been brought on record, which could disclose the reasons for
such action being taken nor it is the case of the petitioner that they have been
served with any such order. However, what has been stated is that such
deduction has been made without notice and opportunity of hearing to the
petitioners. This Court has serious doubts as to whether having regard to the
terms and conditions of the order of regularization specifically clause-9
referred to above dated 17th May, 2004 could there be a subsequent order
directing the monetary benefits to be determined after taking into account the
services rendered from the date of initial appointment i.e. when the petitioners
were only daily wage employees getting salary on fixed pay. Neither any
scheme nor any Government order permitting such benefit have been brought
on record.
In the opinion of the Court issue needs to be examined by the Registrar,
Cooperative Society in view of the powers vested in him under Section 128 of
the Cooperative Societies Act.
Let the Registrar call for the records from the Bank concerned and consider
the grievance of the petitioners as well as to take decision in accordance with
law, on issue of payment of monetary benefits to the petitioner from the date
of their initial appointment within six weeks from the date a certified copy of
this order is filed before him. It goes without saying that if the Registrar
comes to the conclusion that the decision to grant monetary benefits from the
date of their initial appointment was illegal or unjustified, he shall further
ensure that the loss caused to the Bank is recovered from the members of the
Committee of Management who are alleged to pass such an order, after
affording opportunity of hearing to the person concerned.
The present writ petition is disposed of subject to the observations made
above.
(Arun Tandon, J.)
Order Date :- 29.7.2010
Sushil/-