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2010 Supreme(P&H) 2604

M.M.KUMAR, A.N.JINDAL
Mohie Janta Cooperative Agricultural Service society Limited – Appellant
Versus
State Of Punjab – Respondent


Judgment

A.N.Jindal, J.

1. This civil writ petition under Article 226 of the Constitution of India has been preferred to challenge the vires of Rule 28 of the Punjab Cooperative Societies Rules, 1963 (for brevity, 1963 Rules) and also the Punjab State Cooperative Agricultural Service Societies Service Rules 1997 (Annexure P-15) and the order passed by the respondent Nos. 3 to 5 to be illegal.

2. Charanjit Singh respondent was appointed as Peon-cum-Chowkidar by the Managing Committee of the Punjab Agricultural Services Society, Mohie. Kamaljit Singh was working as Salesman in the said society who expired on 8.2.1996 and was then replaced by Charanjit Singh respondent No. 6 (herein referred as the respondent No. 6). However, on appointment of Harkaran Singh as Salesman on compassionate grounds, on account of the death of Kamaljit Singh, the respondent No. 6 ceased to be the Salesman of the society. Since there was no Chowkidar for undertaking night duties, therefore, respondent No. 6 was deputed to work as Peoncum-Chowkidar along with Bhag Singh Peon already appointed in the society. Thereafter, vide resolution dated 9.5.2000, he was asked to perform night duties alternatively with Bh
































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