Delhi High Court P.S. Dabas And Three Ors. vs Lt. Governor And Ors

 
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Delhi:

IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment Reserved on: August 26, 2015

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Judgment Delivered on: August 31, 2015

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LPA 1966-69/2006

P.S. DABAS AND THREE ORS.

..... Appellant

Represented by: Mr. Sanjiv Joshi, Advocate.

versus

LT. GOVERNOR AND ORS.

..... Respondent

Represented by:None.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG

HON'BLE MS. JUSTICE MUKTA GUPTA

MUKTA GUPTA, J.

1. The Appellant Pratap Singh Dabas, Chet Ram Yadav, Jai Prakash Shokeen (since deceased through LRs) and Har Mohan Singh filed a writ petition with three others being W.P.(C) No.1510/1985 inter-alia seeking quashing of the order dated May 31, 1985 and declaring that the services of the appellants and three others were not liable to be terminated and they were entitled to continue in service till the age of superannuation with all consequential benefits.

2. In the writ petition, it was pleaded that the appellants here were holders of Diploma in Junior Basic Course in Cooperation from Delhi State Cooperative Training Centre, Nangloi (in short the Centre). Their names being sponsored by the Centre and having requisite qualifications the appellants were appointed as Managers/Secretaries in various societies in the scale of `295-920/-. The selections were made after the interviews were taken by the Cadre Committee constituted by the Lt.Governor under the Delhi Rural Primary Cooperative Societies Service Rules, 1979 (in short the Rules) on January 22, 1982 and the appellants joined on February 1, 1982. Though the order of appointment did not mention, however as per Rule 10 the petitioners were on probation for a period of two years. On December 05, 1983 the Cadre Committee resolved that the services of the appellants may not be required after December 31, 1983 on the ground that the society was not "viable". However in January 1984 when the two years probation period came to an end no termination order was issued. Further no adverse remarks or memos were issued against the appellants. On July 19, 1984 the respondent issued an order that the services of the appellant were no longer required after August 31, 1984 as the Primary Agricultural Credit societies (in short the PACs) had not become „Viable‟. However still the respondents on August 31, 1984 extended the period of probation for a further two months i.e. till October 31, 1984 by virtue of the Cadre Committee Resolution No.1 dated August 25, 1984. Efforts were made by the Registrar Cooperative Societies by writing to various departments for absorption of the appellants on the ground that the order of termination of appellants was not due to their faults but on the ground of internal problems of the society. In the meantime a circular was also issued wherein...

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