1 S.B.CIVIL WRIT PETITION NO. 1866/1999 Shiv Raj Joshi & Ors. Vs. State of Rajasthan & Ors. Date of Order :: 01.04.2009 HON'BLE MR. JUSTICE GOVIND MATHUR Mr P.P. Choudhary, for the petitioner. Mr I.S. Pareek, Addl. Government Advocate. ... The Board of Directors of the Harsore Krishak Sewa Sahakari Sanstha, Harsore, a cooperative society registered under Rajasthan Cooperative Societies Act, 1965, in its meeting dated 7.9.1994 resolved for grant of selection grades to some of its employees on completion of 9, 18 and 27 years of service, though instructions given by the Registrar, Cooperative Societies were contrary and as per those instructions the benefit of the grant of selection grades to the employees of Cooperative Societies was not available. Accordingly, while exercising powers under Section 32 of the Act of 1965 the Assistant Registrar, Cooperative Societies, Nagaur vide its order dated 30.11.1998 rescinded the above referred resolution. After rescinding the resolution aforesaid the Joint Registrar, Cooperative Societies, Ajmer Division, Ajmer proceeded as per provisions of Sub-section (2) of Section 74 of the Act of 1965 and detained the Harsore Krishak Sewa Sahakari Sanstha, Nagaur from giving selection grades to its employees, including the petitioners on completion of 9, 18 and 27 years of service. Being aggrieved by the same this petition for writ is preferred. 2 It is contended by learned counsel for the petitioner that a conscious decision was taken by a competent body of the Cooperative Society and that could have not been rescind while exercising powers under Section 32 of the Act of 1965 without affording an opportunity of hearing to the petitioners who are real beneficiaries of the resolution concerned. True it is, that the petitioners are the beneficiaries of the resolution that was rescind by the Assistant Registrar, Cooperative Societies, Nagaur, however, in the instant matter it is the position admitted that before resolving to grant selection grades on completion of 9, 18 and 27 years of service no approval was taken from the Registrar, Cooperative Societies. As per Rule 41 of the Rajasthan Cooperative Societies Rules, 1966, it is the Registrar who is competent to specify conditions of service for the employees of a cooperative society. The Registrar, Cooperative Societies never specified for grant of such selection grades, on the contrary instructions were issued by him for not extending such benefit to the employees of cooperative societies. An affidavit sworn in by Sh. Bhuveneshwar Prasad, Assistant Registrar, Cooperative Societies, Nagaur, Officer Incharge of the case, stating therein that till today the benefit of selection grades on completion of specific term of service is not extended to employees of the cooperative societies in the State. Be that as it may, the grant of selection grades to employees of a cooperative society is nothing but a service condition and that service condition was prescribed by the 3 Harsore Krishak Sewa Sahakari Sanstha without having approval or without being specified by the Registrar, Cooperative Societies, and therefore, no wrong was committed by the Assistant Registrar, Nagaur while rescinding to resolution concerned vide order dated 30.11.1998. In view of it, I do not find any merit in this petition for writ. Accordingly, the same is dismissed. There is no order for effecting recovery of the amount already paid to the petitioners as a consequent to grant of selection grades, however, abandoned caution, it is made clear that as there was no misrepresented demand on part of the petitioners, the respondent shall not make any recovery from them against the amount said to be paid in excess as a consequent to the grant of selection grades in view of the resolution undertaken by the Society. (GOVIND MATHUR), J. Jgoyal '