CWP No.17533 of 2006 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP NO.17533 OF 2006 DATE OF DECISION: 20.05.2008 Ved Parkash and another .....PETITIONERS VERSUS State of Haryana and others .....RESPONDENTS CORAM:- HON'BLE MR.JUSTICE S. S. SARON HON'BLE MR.JUSTICE MOHINDER PAL PRESENT: Mr.R.K.Malik, Senior Advocate with Mr.Yashdeep Singh, Advocate for the petitioners. Mr.Ajay Gupta, Senior Deputy Advocate General, Haryana for respondents No.1 and 2. Mr.S.S.Dalal, Advocate for respondent No.3. S. S. SARON, J. This writ petition under Article 226 of the Constitution of India has been filed seeking quashing of the letter dated 22.11.2000 (Annexure P5) and impugned orders dated 28.10.2006 (Annexures P6 and P7) whereby the petitioners have been directed to deposit the amount of interest on the arrears paid to them way back in the year 2000. During the course of hearing, learned counsel appearing for respondent No.3 states that the petitioners have not availed the alternative remedy available to them under Section 115 of the Haryana CWP No.17533 of 2006 2 Cooperative Societies Act, 1984 (for short 'the Act'). It is submitted that Section 115 of the Act has been amended by the Haryana Cooperative Societies (Amendment) Act, 2006. In terms of the amendment any aggrieved party may approach the Government by an application for examining the record of any proceedings, in which no appeal lies to the Government under Section 114, for the purpose of satisfying itself as to the legality or propriety of any decision or order passed. It may be noticed that the challenge in the present petition is to the letter dated 22.11.2000 (Annexure P5), which has been issued by the Deputy Registrar, Cooperative Societies, Hisar. In terms of the said letter, it has been found that the Cooperative Society while granting regular pay scales to their employees has also paid interest whereas while making payment of arrears, there was no provision for payment of interest. Therefore, the arrears that had been paid, were found to be in accordance with law but interest on arrears was wrongly given. As such, the interest given to the concerned employees was ordered to be recovered and deposited in the account of the Society. It is in pursuance of the said letter dated 22.11.2000 (Annexure P5) issued by the Deputy Registrar, Cooperative Societies, Hissar that the impugned orders dated 28.10.2006 (Annexures P6 and P7) have been passed by the Managing Director of the Bank. Therefore, against the said action, the petitioners have the remedy of filing of a revision under Section 115 of the Act as is contended by the learned counsel for respondent No.3. Learned senior counsel for the petitioner, in the circumstances, prays that he may be allowed to withdraw the present writ CWP No.17533 of 2006 3 petition so as to approach the State Government in terms of Section 115 of the Act. He, however, apprehends that respondent No.3-Bank is likely to raise objections to the maintainability of the revision. Learned counsel for respondent No.3 states that he shall not raise any objection to the maintainability of the revision under Section 115 of the Act or the delay in approaching the Government in view of the fact that the petition had been pending in this Court. It may also be noticed that at the time of issuing notice of motion, recovery it was ordered shall remain stayed. Therefore, it would be just and expedient that during the pendency of the revision petition before the Government, the recovery of the amount shall continue to remain stayed. Accordingly, the writ petition is dismissed as withdrawn. However, the petitioner would be at liberty to file a revision petition under Section 115 of the Act and during the pendency of the revision petition, recovery of the amount shall remain stayed. It is hoped that the State Government would decide the revision petition as expeditiously as possible and preferably within a period of three months from the date of receipt of a certified copy of this order. (S. S. SARON) JUDGE ( MOHINDER PAL ) May 20, 2008 JUDGE jt