Srinagar, April 28: The High Court of Jammu & Kashmir and Ladakh ruled that employees of the Cooperative Societies cannot seek parity in service conditions with the employees of the government, unless approved by the Board of Directors.
The court was hearing a plea filed by employees working in different Cooperative Societies holding different posts on substantive basis sought to amend Rule 13 of SRO 233 of 1998 on the basis of recommendation of the Committee constituted by the government, in order to bring the age of superannuation of the employees of Cooperative Societies at par with the age of superannuation of government employees.
A single bench of Justice Sanjay Dhar held that a mere recommendation by a Committee which has not been accepted by the competent authority does not give a right to the petitioners to seek a mandamus upon the respondents to amend the rules.
The court said that petitioners cannot, merely on the basis of recommendation of the Committee, seek parity in their service conditions with the service conditions of government employees.
The petitioners had challenged Rule 13 of J&K Cooperative Societies Service Rules, 1988, issued vide SRO 233 whereby age of superannuation of Cooperative Societies registered under J&K Cooperative Societies Act, has been fixed as 58 years.
They had sought a direction upon the respondents to take a formal decision upon the proposal forwarded by the Committee constituted by the government in terms of order issued in October 1995 wherein the Committee had recommended for bringing uniformity in Service Rules of employees of Cooperative institutions with other State Government employees.
Deliberating on the matter, Justice Dhar said that any amendment or alteration in any of the said Service Rules including Rule 13(1) has to be carried out by the government in exercise of its powers under Section 176 of the J&K Cooperative Societies Act.
“There is no other mode or method known to law whereby amendment can be carried out to the Service Rules notified vide SRO 233 of 1998,” the bench said.
Regarding the recommendation of the Committee, the court noted that the said recommendation has not been accepted by the government or competent authority as on date.
“Unless the said recommendation is accepted by the government and consequent changes are made in the Rules, the right to seek a direction against the respondents would not mature in favour of the petitioners,” the bench said.
Dismissing the plea, the court held that the Cooperative Societies are autonomous institutions governed by their own rules and regulations.
“The employees of the Cooperative Societies cannot seek parity in service conditions with the employees of the Government, unless approved by the Board of Directors,” the bench said.
However, the court left it open for the government to take a decision on the recommendations made by the Committee constituted by the government and make appropriate amendments to the Rules notified vide SRO 233 of 1998.
