ORDER

This writ petition is filed by the petitioners being aggrieved of the order dated 31.08.2021 (Annexure P-16), whereby an order has been passed by the Commissioner, Cooperative and Registrar, Cooperative Societies to dispense with the services of the petitioners on account of closure of the scheme under which petitioners were appointed.

2. Brief facts leading to the present case are that vide order dated 03.04.1995, petitioner No.1 was appointed as Driver in the pay-scale of Rs.950- 1530 and vide order dated 07.04.1995 petitioners No.2 and 3 were appointed as Peon in the pay-scale of Rs.750-945 in the monitoring cell under Integrated Cooperative Development Project (ICDP). As per the terms and conditions of the appointment, the appointment was made for the period of project and was co-terminus with the project.

3. Thereafter, there was an amendment, brought on record vide Annexure P-3, providing for the same scale of pay to the petitioners as was admissible to the employees of the State Government. Thereafter, petitioners had sought relief of payment of benefit of 5th Pay Commission recommendations and, thereafter, 6th Pay Commission recommendations, which after long drawn battle in the Court, was allowed by the writ Court, against which writ appeal and SLP filed by the State, were dismissed.

4. Now petitioners' contention is that in terms of the stipulations contained in the memo dated 05.10.2021 (Annexure 'E') filed along with I.A. No.2492/2021, in case of closure of the project, petitioners' services are liable to be absorbed in the Zila Sahkari Kendriya Bank. Therefore, it is submitted that even if the project was brought to an end, though the petitioners dispute this fact and has drawn attention of this Court to Annexures 'A', 'B', 'C' and 'D', filed along with the same IA, to point out that the project was extended, yet even if it is hypothetically believed that the project was closed, petitioners were entitled to be absorbed in Zila Sahkari Kendriya Bank.

5. This Court had directed the Commissioner, Cooperative and Registrar, Cooperative Societies, to file his personal affidavit. In compliance of the order, Commissioner Shri Alok Kumar Singh has filed an affidavit mentioning therein that Integrated Cooperative Development Project (ICDP) in which petitioners were appointed in the temporary monitoring cell, was wound up by the administrative decision dated 23.07.2021 (Annexure R-1) and, therefore, the services of the petitioners being co-terminus with ICDP, were dispensed with. It is further mentioned that if some employees like Smt. Prabha Jain was absorbed then, that will not create any equitable right in favour of the petitioners.

6. Shri Sourabh Soni, learned Panel Lawyer for the respondents-State supports the impugned order dated 31.08.2021 (Annexure P-16).

7. After hearing learned counsel for the parties and going through the record, law in regard to appointment in a project is crystal clear as laid by Hon'ble Supreme Court in case of State of H.P. Through the Secretary (Rural Development) to the Government of H.P., Shimla Vs. Ashwani Kumar and others, (1996) 1 SCC 773, wherein it is held that termination on closure of scheme is just and correct and High Court was not right in giving directions to regularise them or to continue them in other places.

8. As far as document Annexure 'E' filed along with I.A. No.2492/2021 is concerned, when Clause 4 is read in toto, it reads that that as per the decision on closure of Integrated Cooperative Development Project, employees of the project, as per their ability and eligibility, may be absorbed in the District Cooperative Central Bank, subject to availability of the posts and also the condition that the said Bank is willing to take them and also subject to fulfillment of requirements of reservation roster.

9. Thus, as far as the second part is concerned, to claim absorption, petitioners were required to show tha