Point of Law: Employment and Service matte regularization of services - Salary and other benefits of - Petitioner is fit to be remanded for reconsideration taking sympathetic consideration for payment of their salary and admissible benefits after regularization of their services.

JUDGMENT :

S.N. PATHAK, J.

1. In view of outbreak of COVID-19 pandemic, case was taken up through Video Conferencing and heard at length on various dates. Concerned lawyers have no objection with regard to the proceeding which was held through Video Conferencing and there is no complaint in respect to audio and video clarity and quality and after hearing at length, the matter was kept for ‘Orders’ on 06.04.2021 and is being disposed of finally.

PRAYER

2. In the instant writ application prayer has been made for issuance of appropriate writs, orders or directions in the nature of Certiorari for quashing of ex-parte enquiry report dated 06.08.2018 to the extent of Clause-4, whereby and whereunder the respondent no. 2 (Registrar, Cooperative Society) has conducted enquiry against these petitioners without giving any show-cause or notice to them and issued direction to the Administrator, Jharkhand Cooperative Bank Ltd. for taking action against the petitioners as service of the petitioner has been regularized against the Rules.

Petitioners have further prayed for quashing of office order dated 31.10.2018, issued by respondent no. 3 (Chief Executive Officer, Jharkhand State Cooperative Bank), whereby and whereunder the respondent no. 3 has set aside/annulled his own order of regularization dated 25.10.2017 and 30.12.2017 and service of these petitioners have been de-regularised and the respondent no. 4 (Senior Manager, Jharkhand State Cooperative Bank Ltd.) has been directed to recover differences of paid salary amount from these petitioners.

Petitioners have further prayed for issuance of direction upon the respondents to pay arrears of salary and other admissible benefits together with interest @ 10% per annum from 27.06.2009 when respondents issued a direction for regularization of their services.

FACTUAL MATRIX

3. Facts of the case lies in a narrow compass. Petitioner nos. 1 to 8 and 13 to 15 had been appointed to the post of Assistant on various dates whereas petitioner nos. 9 to 12 had been appointed to the post of peon in Gumla-Simdega Central Cooperative Bank Ltd. Gumla on vacant and sanctioned posts and they had been discharging their duties with full satisfaction of the respondents. On 28.03.2008, a meeting was held between the Union of the Cooperative Banks Employees, The Registrar, Cooperative Societies, Jharkhand and the Managing Director of Central Cooperative Banks of Jharkhand and as per settlement arrived between the parties, the Managing Director of the said Banks directed to forward a detailed report to the respondent no. 3 about the daily wages employees of the Banks working against the vacant and sanctioned posts so that they may be regularized. Thereafter, vide Memo No. 566, dated 09.04.2008, the respondent no. 2 issued a direction to the Managing Directors of the Banks to send a list of daily wages employees who were sought to be regularized. Pursuant thereto, the Managing Director, Gumla Simdega Central Cooperative Bank Ltd., Gumla, sent a letter vide Memo No. 208, dated 20.06.2008, informing the respondent no. 2 regarding the daily wages employees working in the Bank. Thereafter, the matter was duly considered by the respondent no. 2 in light of the order and directions passed by the Hon’ble Supreme Court and the Rules and Regulations of Jharkhand Cooperative Societies Act and passed an order as contained in Memo No. 1066, dated 27.06.2009 giving permission to the Administrator (Respondent No. 2) to regularize services of the petitioners and further directed that the petitioners will receive their salary after confirmation of their services by the Administrator from the date of their respective appointment.

4. After passing of the order dated 27.06.2009, a formal order was to be passed by the Administrator (Respondent No. 2) for regularization of services of the petitioners but in the meantime, another order dated 30.11.2009, as contained in Memo No. 2008 was passed whereby he recalled his earlier order dated 27.06.2