When this came to the numberice of the office of the Registrar of Co operative Societies, the Deputy Registrar of Co operative Societies, Gurgaon made an order dated 2.4.2002 rescinding the resolution dated 1.3.1999 of the Managing Committee, in exercise of powers companyferred under Section 27 of the Haryana Co operative Societies Act for short the Act and directed the employer Society to recover back the excess payment made to the employees.
The High Court disposed of the said writ petition by the impugned order dated 20.1.2004 wherein it held that the resolution of the Managing Committee extending the benefit of regular scale of pay and payment of arrears was illegal.
As numberfunds were sanctioned or available to pay the arrears on the basis of such higher pay, the Managing Committee diverted the funds made available by the State Government through the companytrolling Bank for disbursement of loans to farmers, to pay arrears of Rs.47891/ to first Respondent and Rs.42300/ to second respondent on 27.2.1999.
The Managing Committee of the said society passed a resolution extending the benefit of regular pay scale to the respondents with retrospective effect from 1.1.1996.
The Society gave effect to the said direction by passing a resolution dated 22.3.2002 directing recovery of the excess payments from the respondents.
Respondents and other employees of the said society submitted representations for regular pay scales, instead of companysolidated pay.
Rule 9 of the said Rules provided that all categories of employees were entitled to a companysolidated salary with annual increments as provided therein.
Feeling aggrieved, the employees filed the appeals before the Registrar, Co operative Societies, Haryana.
The said Rules classified the Societies according to their business turnover and prescribed the companyresponding staffing pattern.
The companynected appeals relate to similar payments to employees of other primary companyoperative societies and involve the same issue.
The Registrar by a detailed order rejected the said appeals by order dated 22.8.2002.
800/ respectively to which they were entitled, the first respondent and second respondent were paid salary at the rate of Rs.3050/ and Rs.2550/ per month.
The Registrar of companyoperative societies, and number the Managing Committees of the primary companyoperative societies, was empowered to effect revisions in pay.
The employees challenged the said order before the High Court.
The service companyditions of employees of such societies were governed by the Primary Co operative Credit Service Society Staff Service Rules, 1992 for short the Rules .
As a companysequence, instead of a companysolidated salary of Rs.1200/ and Rs.
The same post carried different companysolidated pay depending upon the size turnover of the Society.
The said judgment is challenged in this appeal.
