Case Note & Summary
The petitioner, Shyamsunder S/o Goverdhanji Heda, was employed as Assistant Manager at Dwarkadas Mantri Nagri Sahkari Bank Ltd., Beed (Respondent No.3). On 20.3.1990, the Board of Directors resolved to remove him on the ground that the post of Assistant Manager was not an approved post in the staffing pattern of the bank. The petitioner challenged his removal before the Deputy Registrar, Cooperative Societies (Respondent No.2), who ordered his reinstatement. The bank appealed to the Maharashtra State Cooperative Appellate Court, Aurangabad, which allowed the appeal and set aside the reinstatement order. The petitioner then filed a writ petition in the Bombay High Court challenging the Appellate Court's judgment dated 3.5.1991. The High Court examined the facts and found that the post of Assistant Manager was indeed not sanctioned in the staffing pattern. The court noted that the petitioner was aware of this fact and had no legal right to continue in a non-existent post. The court held that the Cooperative Appellate Court had correctly allowed the bank's appeal and dismissed the petition. The decision was based on the principle that an employee cannot claim reinstatement to a post that does not exist in the approved staffing pattern.
Headnote
A) Service Law - Cooperative Societies - Removal from Service - Approved Post - The petitioner was removed from the post of Assistant Manager on the ground that the post was not approved in the staffing pattern of the bank. The Deputy Registrar ordered reinstatement, but the Cooperative Appellate Court set aside that order. The High Court held that the Appellate Court's decision was correct as the post was not sanctioned and the petitioner had no right to continue in a non-existent post. (Paras 1-5) B) Cooperative Law - Staffing Pattern - Sanctioned Post - The Board of Directors resolved to remove the petitioner because the post of Assistant Manager was not an approved post nor provided for in the staffing pattern. The High Court upheld the removal, noting that the petitioner was aware of the lack of approval and had no legal right to the post. (Paras 2-5)
Issue of Consideration
Whether the removal of the petitioner from the post of Assistant Manager was justified on the ground that the post was not approved in the staffing pattern of the cooperative bank.
Final Decision
The High Court dismissed the writ petition, upholding the judgment of the Maharashtra State Cooperative Appellate Court which set aside the reinstatement order.
Law Points
- Removal from service for lack of approved post
- Cooperative society's staffing pattern
- Reinstatement order set aside
- No right to continue in non-existent post
