IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14397 of 2009 DATE OF DECISION : 09.10.2009 Ambala Central Cooperative Bank Employees Association (Regd.) ... PETITIONER Versus State of Haryana and others ..... RESPONDENTS CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. R.K. Malik, Senior Advocate, with Mr. Ashish Chaudhary, Advocate, for the petitioner. * * * SATISH KUMAR MITTAL , J. Ambala Central Cooperative Bank Employees Association (Regd.) has filed the instant petition under Article 226 of the Constitution of India for quashing the condition imposed in the order dated 24.8.2009 (Annexure P-3) passed by the Registrar, Cooperative Societies, Haryana, whereby it has been stated that arrears of pay scales shall not be paid to the employees keeping in view the fragile financial position of the Central Co- operative banks. It is the case of the petitioner that in the meeting of the Board of Administrators of the Haryana State Cooperative Apex Bank Limited, it was resolved to allow new pay scales as per State Government pattern subject to approval of RCS Haryana, but the Registrar, Cooperative Societies, without any justification and reason, has amended Annexure-I of CWP No. 14397 of 2009 -2- Rule 16.1 of the Haryana State Central Cooperative Bank's Staff Service (Common Cadre) Rules, 1975 (hereinafter referred to as `the Common Cadre Rules'), with the aforesaid arbitrary condition. Learned counsel for the petitioner submits that the Ambala Central Co-operative Bank is throughout in profits in the last 10 years, therefore, denying the benefits of arrears of the revised pay scales, which has been implemented with effect from 1.1.2006, is totally arbitrary, without any justification. Therefore, the said condition imposed by the Registrar is liable to be quashed. After hearing learned counsel for the petitioner and going through the contents of the petition and the impugned order, I do not find any merit in this petition. Rule 16.1 of the Common Cadre Rules provides that unless anything, otherwise contained in these Rules, salary of all the employees governed by these Rules continue to be in accordance with their existing pay scales as specified in Annexure I and as revised from time to time. As per Section 37 (1) of the Haryana Cooperative Societies Act, 1984 (hereinafter referred to as `the Act'), the Registrar may require an apex society to constitute a common cadre of all or a specific class of employees in the service of that society or in the services of the central societies which are members of the apex society. Sub-section (2) of the Act further provides that when a common cadre is constituted under sub section (1), the Registrar shall make rules to regulate recruitment and the conditions of service of such employees, and their strength in consultation with the cadre society. In the present case, the Common Cadre Rules have been framed CWP No. 14397 of 2009 -3- and the Registrar has laid down the conditions of service of the employees, who are governed by these Rules. The impugned order has been passed by the Registrar, Cooperative Societies, Haryana, in exercise of powers conferred by Section 37 of the Act, and service conditions of the Common Cadre Rules have been amended by substituting Annexure I of Rule 16.1. While substituting the said Annexure, a condition has been imposed that though the new pay scales will be given with effect from 1.1.2006, but no arrears shall be paid keeping in view the fragile financial positions of these banks. The Registrar has amended Annexure I by keeping in view the financial condition of all the Central Cooperative Banks and the Primary Co-operative Banks and then has taken a policy decision to implement the revised pay scales with effect from 1.1.2006, but without payment of any arrears. Under the Act, the Registrar has been empowered to take such a decision. Therefore, in my view, since the giving of revised pay scales with effect from a particular date, with or without arrears, is a policy decision, which has been taken by the Registrar, the same does not require any interference in the writ jurisdiction under Article 226 of the Constitution of India, merely on the ground that the financial condition of one of the banks i.e. the Ambala Central Cooperative Bank is good. It is well settled that in the matter of policy decision, the court should not interfere. Thus, I do not find any merit in the instant petition. Dismissed. October 09, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE