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2009 Supreme(SC) 1632

R.V.RAVEENDRAN, P.SATHASIVAM
Registrar, Co-operative Societies Haryana – Appellant
Versus
Israil Khan – Respondent


Advocates Appeared:
For the Appellant : Jasbir Malik, S.K. Sabharwal, Ms. Kamakshi S. Mehlwal, Advs., for the Appellants.
For the Respondent:Harikesh Singh, Jeevan Prakash , Advs., for the Respondents.

ORDER

R.V.Raveendran, J.—

These appeals raise a common issue relating to recovery of unauthorised emoluments paid to employees of co-operative societies. For convenience, we will refer to the facts in Civil Appeal No.3668/2007.

2. The respondents are employees of Ferozepur Jhirka Co-operative Credit & Service Society Limited, a primary co-operative society in the State of Haryana. The service conditions of employees of such societies were governed by the Primary Co-operative Credit & Service Society Staff Service Rules, 1992 (for short ‘the Rules’). The said Rules classified the Societies according to their business turnover and prescribed the corresponding staffing pattern. Rule 9 of the said Rules provided that all categories of employees were entitled to a consolidated salary with annual increments as provided therein. The same post carried different consolidated pay depending upon the size/turnover of the Society. The Registrar of co-operative societies, and not the Managing Committees of the primary co-operative societies, was empowered to effect revisions in pay.

3. Respondents and other employees of the said society submitted representations for regular pay scales, instead











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