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2026 Supreme(Online)(P&H) 9009

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAM DASS AND OTHERS – Appellant
Versus
HARYANA STATE CO OPERATIVE SUPPLY AND MARKETING FEDERATION LIMITED AND ANOHER – Respondent



110 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of decision: 06.04.2026 Ram Dass and others ....Petitioners Versus Haryana State Co-operative Supply and Marketing Federation Limited (HAFED) and another ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Neeraj Sharma Shandilya, Advocate for the petitioners.

Mr. Vikrant Pamboo, Advocate for respondent No.1.

Mr. Piyush Khanna, Addl.A.G., Haryana for respondent No.2.

HARPREET SINGH BRAR, J. (ORAL)

1. The present civil writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari to quash the impugned order (Annexure P-6) rejecting the decision of Board of Directors of HAFED dated 30.01.1997 (Annexure P-1). Further, for issuance of a writ in the nature of mandamus directing the respondents to implement the decision of Board of Directing of HAFED dated 30.01.1997 (Annexure P-1).

2. Learned counsel for the petitioners inter alia contends that the petitioners retired as Field Inspectors from HAFED. Prior to 01.04.1979, Field Inspectors (Junior) in HAFED as well as Inspectors in the Food and Supplies Department were both in the same pay scale. While revising pay scales in the year 1979, Inspectors of Food and Supplies were granted higher pay scale. The anomaly continued in the 1986 revision as well. The Board of Directors of HAFED being the competent authority decided on 30.01.1997 to remove anomaly w.e.f. 01.01.1986 granting the scale of Rs.1400-2600/-. The decision was approved by the Registrar, Cooperative Societies, Haryana who was present in the meeting. The Registrar has never raised any objection or recorded any dissent when the Board of Directors granted the relief. Some employees filed CWP Nos.7816 & 7817 of 1999 which were disposed of on 01.04.2025 directing respondent No.2 to take final decision within three months. In purported compliance, respondent No.2 passed the impugned order rejecting the Board’s decision. The impugned order was supplied to the petitioner under the Right to Information on 17.09.2025 and an identical matter bearing CWP No.4266 of 2026 titled as Satpal Gupta and others Vs. Haryana State Co-operative Supply and Marketing Federation Limited and another was allowed by this Court on on 12.02.2026 (Annexure P-7). The impugned order (Annexure P-6) rejecting the decision of the Board of Directors is illegal, arbitrary and passed without application of judicious mind. The Board of Directors was the competent and final authority to take the decision dated 30.01.1997 which was duly approved by the Registrar who attended the meeting of the Board of Directors. The case of the petitioners is squarely covered by the judgment rendered by this Court in Satpal Gupta’s case (supra). 3. Learned counsel for respondent No.1 reiterates the impugned order (Annexure P-6) and submits that the pay scale as well as the designation of the employees of the respondent-Federation is entirely different from the Department of Food and Supplies. However, the respondent-Federation has its own source of income to run the organization and does not seek any financial help from the State Government. Thus, it is an absolute a separate entity, whereas, in the case of Department of Food and Supplies, it is purely a Government Department and runs with the State exchequer. As such, the Registrar, Cooperative Societies, Haryana has rightly disagreed with the decision taken by the Board of Directors.

4. Having heard the learned counsel for the parties and after perusing the record with their able assistance, it transpires that identical controversy has been considered by this Court in Satpal Gupta’s case (supra)

and the following was observed:-

“8. Having heard the learned counsel for the parties and after perusing the record with their able assistance, it transpires that, prior to the revision, the petitioners and the Inspectors in the Food and Supplies Department were placed in the same pay scal

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