The main legal point established in the judgment is that the deputation of the petitioners was illegal after the specified period, and the order of the Board refusing permission for absorption cannot be ignored.

Heard Sri Ashok Khare, Senior Advocate on behalf of the petitioners and Sri D.P. Singh, Advocate on behalf of the District Cooperative Bank Limited, Ghazipur.

2. Petitioners by means of the present writ petition seek quashing of the orders dated 18th March, 1998 issued by the Secretary/General Manager, District Cooperative Bank Ltd., Ghazipur (Annexure-14 to the writ petition) as also a writ of mandamus directing the respondents to not to implement the order dated 03.01.1998 and further to absorb the petitioners as Junior Clerk in District Cooperative Bank Ltd., Ghazipur and lastly to ignore the order of the U.P. Cooperative Institutional Service Board, Lucknow dated 24.01.1996.

Facts, in short, giving rise to the present writ petition are as follows:

Petitioners, who are 11 in number, were admittedly appointed as Secretary in Primary Agricultural Cooperative Credit Society (Centralized Service) at different societies of the said category in the State of Uttar Pradesh. On 11th April, 1998 the Registrar, Cooperative Societies U.P. issued a circular with reference to the enforcement of "Sarlikrit Rin Vitaran Pranali" w.e.f. 01st July, 1988, wherein it was resolved that in every cooperative society, distributing loan in rural areas, for every branch two additional posts of Category-III be created. Out of said two posts, first be filled by Cooperative Supervisor by way of deputation. In respect of second post i.e. 50% of the new posts it was decided that the same be filled in following manner (a) 25% by employees working in Grade 'C' post in head office of branches where they were in excess, (b) 15% be filled by promotion from Class-IV and (c) the remaining 10% be filled by appointment of approved Secretaries and other employees of Primary Agriculture Loan Cooperative Societies in the district including Kisan Sahakari Samiti by way of deputation. It was provided that in respect of such appointments on deputation, a selection committee shall be constituted and a candidate possessed of the qualification prescribed at the end of the circular alone would be entitled to be considered.

3. It is not disputed that the petitioners fall within the last category of employees. Meaning thereby that they were within the zone of consideration, for being appointed on deputation, for selection in terms of the circular aforesaid.

4. The circular specifically provides that these appointments on deputation would be for a period of three years only (Reference- Paragraph-6 of the circulation) with a further condition that on being repatriated to the parent department, the services rendered on deputation shall be taken into account for all benefits, however, no arrears in that regard would be paid.

The petitioners with open eyes participated in the process of selection for being appointed on deputation in terms of the said circular. It is the case of the petitioners that after selection, vide select list dated 03rd August, 1988, 13 persons including the present petitioners were selected for being sent on deputation to District Cooperative Bank Limited, Ghazipur under New Check Scheme, as is apparent from the document enclosed as Annexure-3-B to the present writ petition.

5. According to the petitioners, even after expiry of period of three years they were continued on deputation and in between a circular was issued by the Registrar, Cooperative Societies dated 25.02.1990 wherein a provision was made for absorption of the employees like the petitioners, who are working on deputation in the employment of the District Cooperative Banks itself. A copy of the circular has been enclosed as Annexure-4 to the writ petition.

The circular provides that the employees working on deputation may be considered for absorption in the service of the bank on the basis of their work and performance and after making necessary provisions for such absorption. This circular was followed by subsequent circulars on the appropriate decision in the matter.

6. According to