Judgment

JAGANMOHAN REDDY, :- In the three writ petitions filed by the respective respondents challenging the vires of R. 70 of the Andhra Pradesh Co-operative Societies Act, 1964 - hereinafter called the the act - the Andhra Pradesh High Court held that rule to be ultra vires the Board of Directors of the Andhra Pradesh Co-operative Central Mortgage Bank Ltd., - hereinafter referred to as the Central Land Mortgage Bank. These appeals are by special leave against that judgment.

2. The respondent in Civil Appeal No. 2229/72 is an Assistant Accountant in the Chittor Primary Co-operative Land Mortgage Bank Ltd. In Civil Appeal No.2230/72 the respondents are employees of the different Co-operative Land Mortgage Banks. The respondent in Civil Appeal No. 2231/72 is the Nellore Co-operative Land Mortgage Bank Ltd. In the first of the appeals the petitioner/respondent complained that when he was due for promotion for the post of an Accountant, under Rule 70 his right to promotion based on seniority had been taken away. According to him, but for Rule 70, he would have had a right to promotion under, Bye-law 10 on the basis of his seniority among the Assistant Accountants of that Bank. The