Hon’ble Surya Prakash Kesarwani, J.—Heard Sri H.R. Mishra, Senior Advocate, assisted by Sri Amit Kumar Yadav, learned counsel for the petitioners, Sri V.C. Mishra, learned Advocate General, assisted by Sri Q.H. Siddiqui, learned Chief Standing Counsel and Sri Y.K. Srivastava, learned Standing Counsel for the respondents.

2. In these writ petitions, petitioners have challenged the constitutional validity of the Primary Agricultural Credit Co-operative Society Ex-Cadre Regulation-2012 (hereinafter referred to as the “PACS Regulation-2012”) on the ground that it is in conflict with the provisions of Section 29A of the U.P. Co-operative Societies Act, 1965.

3. Briefly stated the facts of the present case are that the petitioners claim that they were initially appointed as Accountant in respective Primary Agricultural Credit Co-operative Societies as defined under Section 2(a1) of the U.P. Co-operative Societies Act, 1965 (hereinafter referred to as the ‘Act’). The appointment of secretaries in these societies was governed by the provisions of Uttar Pradesh Primary Agricultural Co-operative Societies Centralized Service Rule, 1976 (hereinafter referred to as “PACS Rules, 1976”).

4. The PACS Rules 1976 was amended from time to time. By the Uttar Pradesh Primary Agricultural Co-operative Societies (12th Amendment) Rule, 2004, the U.P. Agricultural Co-operative Credit Society Service Cadre was declared dead cadre and it was provided that no person shall be appointed under the centralized service. Thus, the post of secretary of the Primary Agricultural Credit Societies under the PACS Rules, 1976 was declared dead cadre by Rules 23 of the 12th amendment Rules, 2004 and thus no person could be appointed under the centralized service cadre. vide para 5 of the circular dated 10th January, 2005 issued by the respondent No. 2, filed as annexure -3 to the writ petition; an alternative arrangement was made to authorize an employee of the society to officiate as secretary where the cadre secretary has been suspended/superannuate/dismissed from service/died. The petitioners claims themselves to have been officiating temporarily under the orders of the concerned Assistant Registrar, in addition to their normal work of the post they held, as evident from the orders of the Assistant Registrar, Co-operative Societies, U.P. Bulandshahar, dated 31.10.2002, 3.4.2001 and 6.10.2004 filed as Annexure 4 to Writ Petition No. 5731/2013. In these orders, it is clearly mentioned that the orders are wholly temporarily and can be withdrawn at any time. vide letter dated 1.4.2008, the respondent No. 2 informed the respondent No. 1 that post of secretary in 4035 societies are lying vacant, and therefore, the appropriate decision may be taken for appointment of secretaries by direct recruitment. As per Section 31 of the Act, Secretary shall be the Chief Executive Officer of the society and shall be appointed and removable by the society subject to the provisions of the Rules and Regulations framed under Sections 121 and 122 of the Act. The respondent No. 2, vide letter dated 27th September, 2011 filed as annexure 6, directed all the Assistant Registrars etc that all the accountants who have been authorized temporarily to discharge responsibility of secretary shall be called as Secretary (non-cadre). The respondent No. 1 issued a Government Order dated 19th September, 2012 providing for appointment of secretaries in Primary Co-operative Societies who shall be an Ex-cadre employee of the Bank, normally for three years and the source of recruitment could be from the Ex-cadre created at the bank level. The appointment shall be made in three phases and such appointed Secretary shall be under the control of the bank. A circular dated 26th September, 2012 was issued by the respondent No. 2 to all the Assistant Registrars and all the Secretaries/General Manager of District Co-operative Bank Ltd which was challenged before this Court in Writ Service Single No. 5485/