Honble MATHUR, J.–Heard Mr. Mridul, learned counsel for the appellant.

(2). This Special Appeal is directed against the judgment of the learned Single Judge dated 4.8.1999 dismissing the writ petition on the ground of availability of alternate remedy by way of statutory appeal against impugned order dated 3.2.1990 passed by the Joint Registrar, Co-operative Societies.

(3). Few necessary facts are that petitioner came to be appointed as Lower Division Clerk in the Minor Irrigation Project of the Govt. of Rajasthan, which was to be operative under the respondent Chittorgarh Prathmic Sahakari Bhoomi Vikas Bank Limited by order dated 22.4.1981. He was initially appointed for a period of sixty days, which was extended for further sixty days by order dated 26.6.1981. Be-fore the expiry of sixty day by order dated 24.8.1981 (Annex.3), he was allowed to continue in service till the sitting of the selection committee or availability of surplus personnel or selected personnel, whichever is earlier. A Direction was issued by the Project Director (Monitoring), Co-operative Department, Govt. of Rajasthan that the Bank may take steps for absorption of the employee becoming surplus on account of abolition of one post of Lower Division Clerk. The bank was also informed that after 30.9.84, no grant shall be paid for the posts abolished.

(4). The say of the petitioner is that the Project Director (Monitoring) by letter dated 21.03.1985, invited the attention of the Project Officer and Secretary to the respondent Bank to the fact of one Lower Division Clerk becoming surplus and to the direction that such employee may be absorbed in the service of the Bank. The Project Officer was to take a decision in that regard and inform to the Director. The matter was, accordingly, processed and a proposal was worked out to the effect that petitioner may be adjusted against the available vacant post in the Bank. However, the formal order was not issued in pursuance to the aforesaid order till it came to be resolved vide resolution dated 3.2.1990 that the petitioner be absorbed on the post of L.D.C. in the respondent Bank. It appears that the Joint Registrar, Cooperative Societies, vide order dated 1.4.1991, rescinded the resolution of the Bank dated 3.2.90 having found it contrary to financial interest of the respondent Bank and beyond its powers. The said order was passed by the Joint Registrar in exercise of the powers conferred upon him under Sec. 32 of the Rajasthan Co-operative Societies Act. It appears that the resolution of the Bank was rescinded by the Joint Registrar after hearing he respondent Bank. This fact is evident from reading of the order dated 1.4.91 (Annex.10). In view of this, by order dated 6.5.91, the Secretary of the Bank withdrew the petitioner from the service of the Bank. He was reverted to the Project Staff. Petitioner has also raised controversy with respect to revision of pay scale relying on the award of Industrial Tribunal dated 23.12.1978 under the heading ``Regarding Settlement. Petitioner has taken diversion stating facts and raising contentions in paras C/1 to C/11 with respect to revision of pay scale. The petitioner has prayed for the following relief-

``by an appropriate writ, order or direction -Order of Joint Registrar dated 3.2.1990 (Annex.10) may be declared to be invalid and may be quashed so also order consequent thereto being dated 6.5.1991 (Annex.11) made in respect of the petitioner. By Annex. 10 dt. 1.4.91, the resolution of the Bank whereby the petitioner was absorbed, has been rescinded and by Annex.11 dt. 6.5.91, petitioner has been withdrawn from the Bank Services and continued under the Project of the State Government. It appears that petitioner has deliberately chosen not to be clear with a view to take advantage of confusion.

(5). Two separate replies were filed, one on behalf of respondents No. 1 & 3 and another on behalf of respondent No.2. A preliminary objection was raised that the petition is not maintai

Click Here to Read the rest of this document