High Court of Punjab and HaryanaCWP/19520/2013allowed

Amarjeet Singh v. Registrar Cooperative Societies & ANR

2016-02-25Mrs. Justice Raj Rahul Garg2 pages

CWP No. 19520 of 2013 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 19520 of 2013 Date of Decision:- 25.02.2016 Amarjeet Singh ....Petitioner

Versus

Registrar Cooperative Societies and another ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

Mr. Ajaypal Singh, Advocate for the petitioner.

Mr. Keshav Gupta, Assistant Advocate General, Haryana. Mr. K.R. Dahiya, Advocate, for respondent No.2.

**** RITU BAHRI, J. (Oral) Petitioner is seeking directions to the respondents to implement the resolution dated 03.07.2006 (Annexure P-1) passed by the Board of Directors of the respondent-Bank whereby he was appointed on the post of peon.

Perusal of the resolution (Annexure P-1) shows that the Bank had taken a decision to appoint Amarjeet Singh as a peon on compassionate grounds and Managing Director was authorized to issue appointment order as and when post is available and he fulfills the qualification of Peon. Subsequently, the Managing Director, sent a letter dated 08.07.2011 NARESH KUMAR 2016.03.01 12:04 I attest to the accuracy and integrity of this document Chandigarh

CWP No. 19520 of 2013 -2- (Annexure P-4) to the Registrar Cooperative Societies, Haryana for granting approval to the appointment of Amarjeet Singh on the post of peon under the ex-gratia policy.

Upon notice, the short reply was filed by respondent No.1 and by referring Rule 9.1 of Haryana State Central Cooperative Bank's Staff Service (Common Cadre) Rules 1975, the authority to make appointments to various posts in each category shall vest in the Board, which may delegate all or some of its powers to the Administrative Committee/Manager. Further it was stated that respondent No.1 had received letter dated 08.04.2011 (Annexure R-1/1), vide which guidelines in the case of petitioner was sought. Vide letter dated 17.04.2014 (Annexure R-2/1), direction has been given to respondent No.2 to take action as per ex-gratia policy applicable in the case of petitioner and respondent-Bank can take a decision as per above-said Rule 9.1. In view of direction issued vide letter dated 17.04.2014 (Annexure R -2/1), the present writ petition is allowed. Respondent No.2-Bank is directed to take action and implement the resolution (Annexure P-1) and appoint the petitioner on the post of peon, within a period of three weeks.

February 25, 2016 ( RITU BAHRI ) naresh.k JUDGE NARESH KUMAR 2016.03.01 12:04 I attest to the accuracy and integrity of this document Chandigarh