respondents are arbitrary, illegal and contrary to settled principles of
law, and thus, liable to be set-aside.
8. Per contra, learned State counsel as well as learned counsel
for respondent No.4 have opposed the submissions made by learned
counsel for the petitioners and argued that the present petition is not
maintainable as the petitioners are employees of a Cooperative Society
registered under the Haryana Cooperative Societies Act, 1984, which is
not a "State" within the meaning of Article 12 of the Constitution of
India. It is further argued that service disputes of such employees are
ordinarily not entertained in writ jurisdiction, unless there is clear State
control or violation of any statutory or legal right. It is further submitted
that the service conditions of the petitioners are governed by statutory
rules, i.e. The Primary Agriculture Cooperative Societies Staff Service
Primary Cooperative Credit & Service Societies Rules, 2014 and the
amended Primary Agriculture Cooperative Societies Staff Service
Primary Cooperative Credit & Service Societies (Second Amendment)
Rules, 2017, which have been validly framed and are binding upon the
petitioners.
9. Learned counsel for respondent No.4 has further submitted
that once the statutory rules have come into force, the petitioners cannot
claim any vested right on the basis of earlier executive instructions. The
re-fixation of pay and recovery of excess amount, as ordered by the
respondents vide impugned orders dated 05.12.2018 (Annexure P-17),
02.06.2023 (Annexure P-18) and impugned communication dated
MOHD YAKUB
2026.05.04 17:58
I attest to the accuracy and authenticity of
this document
Punjab & Haryana High Court,
Chandigarh.
26.09.2024 (Annexure P-23), have been carried out strictly in
accordance with the said rules and are neither arbitrary nor illegal. It is
also contended that similar writ petitions challenging the same issue
have already been dismissed by this Court vide common judgment dated
13.12.2023 (Annexure P-22) passed in CWP-14410-2023, titled as
Roshan Lal vs State of Haryana and others, and other connected
matters, primarily on the ground of maintainability.
10. I have heard learned counsel for the parties and perused the
record with their able assistance.
11. In the present case, the petitioners have not been able to
demonstrate that respondent/Society satisfies the tests laid down for
being treated as "State" within the meaning of Article 12 of the
Constitution of India. Thus, the present writ petition suffers from a
serious issue of maintainability.
12. Apart from the above, it is evident from the record that the
service conditions of the employees of Primary Agricultural
Cooperative Societies/Primary Cooperative Credit & Service Societies
have been governed by statutory rules i.e. The Primary Agriculture
Cooperative Societies Staff Service Primary Cooperative Credit &
Service Societies Rules, 2014 which was later on amended as the
Primary Agriculture Cooperative Societies Staff Service Primary
Cooperative Credit & Service Societies (Second Amendment) Rules,
2017.
MOHD YAKUB
2026.05.04 17:58
I attest to the accuracy and authenticity of
this document
Punjab & Haryana High Court,
Chandigarh.
13. Once the statutory rules governing the service conditions
have been framed, the same override any prior executive instructions or
administrative decisions. Therefore, the benefits earlier granted to the
petitioners on the basis of executive instructions, as reflected in
Annexures P-2 to P-7, cannot be claimed as a matter of right in the face
of statutory provisions.
14. The contention raised by the petitioners regarding
retrospective operation of the Rules and alleged reduction of salary also
does not persuade this Court to exercise its writ jurisdiction. The issue
essentially relates to service conditions and involves disputed questions
regarding fixation of pay and entitlement, which are not amenable to
adjudication in writ proceedings particularly in the absence of violation
of any fundamental or statutory right.
15. The reliance placed by the petitioners upon interim orders
passed in other writ petitions (Annexures P-19 to P-21) is misconceived
as the interim orders do not confer any enforceable right. On the
contrary, it is not disputed that a bunch of similar writ petitions has
already been dismissed by this Court in Roshan Lal's case (supra) vide
common judgment dated 13.12.2023 (Annexure P-22), primarily on the
ground of maintainability. An LPA-2704-2024, titled as Kulbir Singh
and others vs State of Haryana and others (Annexure P-24) has also
been filed before this Court on the ground that the respondent/Society
has 67% share capital of the State Government in the Primary
Agricultural Cooperative Society and it also has administrative and
MOHD YAKUB
2026.05.04 17:58
I attest to the accuracy and authenticity of
this document
Punjab & Haryana High Court,
Chandigarh.
functional control over the same as the Chairman, Managing Director
and Secretary are appointed by the State Government.
16. Moreover, the challenge of the petitioners to the order
dated 05.12.2018 (Annexure P-17) is based upon Rule 5(4) contained in
the Primary Agriculture Cooperative Societies Staff Service Primary
Cooperative Credit & Service Societies (Second Amendment) Rules,
2017, which was adopted on 23.06.2017 (Annexure P-15). Furthermore,
the question of recovery of the amount which was withdrawn by the
PACS/PCCS employees after wrong fixation of their pay in illegal
manner is concerned, such type of self-fixation of salary in PACS,
specially against the Rules, cannot be allowed as all the Societies run
under the same provision of Rules.
17. Further, the issue of maintainability is pending before the
Division Bench and even if it is presumed that the present writ petition
is maintainable, the petitioners have not challenged the Rules governing
their salaries and as such, without laying challenge to the statutory rules
i.e. The Primary Agriculture Cooperative Societies Staff Service
Primary Cooperative Credit & Service Societies Rules, 2014 which was
later on amended as the Primary Agriculture Cooperative Societies Staff
Service Primary Cooperative Credit & Service Societies (Second
Amendment) Rules, 2017, no relief can be granted to the petitioners in
view of the law laid by the Division Bench of this Court in Dhani Ram
Chaudhary vs State of Haryana and another, 2005(1) SCT 571.
MOHD YAKUB
2026.05.04 17:58
I attest to the accuracy and authenticity of
this document
Punjab & Haryana High Court,
Chandigarh.
18. In view of the above discussions, this Court is of the
considered opinion that the present writ petition is not maintainable and
the same is hereby dismissed.
19. However, liberty is granted to the petitioners to file a fresh
petition after laying challenge to the Rules ibid.
(HARPREET SINGH BRAR)
JUDGE
30.04.2026
yakub Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
MOHD YAKUB
2026.05.04 17:58
I attest to the accuracy and authenticity of
this document
Punjab & Haryana High Court,
Chandigarh.
