The Punjab State Agricultural Cooperative Societies Employees Union Punjab Vs State of Punjab and Ors. — Punjab & Haryana HC (2026) — LawSathi Research

The Punjab State Agricultural Cooperative Societies Employees Union Punjab Vs State of Punjab and Ors. — Punjab & Haryana HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the members of the petitioner-Union, being secretaries working in various primary cooperative societies and not Government employees, could be deputed as Nodal Officers (for stubble burning) by the Deputy Commissioner, Hoshiarpur, vide order dated 15.04.2020 (Annexure P-7), sought to be challenged by writ of certiorari. +1 more

Court's answer

By interim order dated 29.09.2020, this Court directed that the operation of the orders dated 17.09.2020, 16.09.2020, 21.09.2020 and 08.09.2020 (Annexures P-9 to P-12) shall be kept in abeyance qua the secretaries of the cooperative societies.

Ratio / Principle

Since the claim of the petitioner-Union had already been satisfied (withdrawal of the deputation orders), the instant petition stood rendered infructuous and was disposed of as such; pending applications were disposed of accordingly. No substantive ruling was made on the legality of deputing cooperative society employees as Nodal Officers.

Detailed headnote1 paragraphs

Writ petition (CWP-7942-2020 O&M) by the Punjab State Agricultural Cooperative Societies Employees Union seeking a writ of certiorari against the order dated 15.04.2020 (Annexure P-7) of the Deputy Commissioner, Hoshiarpur, deputing the members of the Union — secretaries working in various primary cooperative societies and not Government employees — as Nodal Officers for stubble burning. Upon notice, the State withdrew the requirement vide order dated 16.06.2020 (Annexure R-1). On the petitioner's application (CM-9922-CWP-2020) alleging similar assignments by the Deputy Commissioners, Fazilka, Fardidkot and Sri Muktsar Sahib and the SDM, Amloh (Annexures P-9 to P-12), the Court by order dated 29.09.2020 kept those orders in abeyance qua the secretaries of the cooperative societies. The Deputy Commissioner, Fazilka thereafter withdrew the services of Secretaries and salesmen of Primary Cooperative Societies vide order dated 15.10.2020 (affidavit dated 21.06.2021). The claim of the petitioner-Union having been satisfied, the Court (Namit Kumar, J.) disposed of the petition as having become infructuous on 22.07.2026, and pending applications were disposed of accordingly. No substantive ruling was rendered on the legality of assigning Government duties to non-Government cooperative society employees.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH

208

CWP-7942-2020 (O&M)

Date of Decision : 22.07.2026

The Punjab State Agricultural Cooperative Societies Employees Union, Punjab

…..Petitioner

Versus

State of Punjab and others

....Respondents

CORAM: HON’BLE MR. JUSTICE NAMIT KUMAR

Present : Mr. H.S. Bedi, Advocate for the petitioner.

Mr. Karunesh Kaushal, A.A.G., Punjab.

NAMIT KUMAR, J. (ORAL)

On 29.09.2020, the following order was passed :-

“ Petitioner – Union has approached this Court with a prayer for issuance of a writ of certiorari for setting aside the impugned order dated 15.04.2020 (Annexure P-7) passed by the Deputy Commissioner, Hoshiarpur, vide which the members of the petitioner – Union were deputed as Nodal Officers despite they being working in various primary cooperative societies and are not Government employees.

Upon challenge when notice was issued, reply has been filed by way of a short affidavit of the Deputy Commissioner, Hoshiarpur, on behalf of the respondents, wherein it has been stated that the requirement of the secretaries as Nodal Officer for stubble burning, dated 15.04.2020, has been withdrawn by respondent No.4 – Deputy Commissioner, Hoshiarpur, and the Chief Agriculture Officer, Hoshiarpur, vide order dated 16.06.2020 (Annexure R-1).

In the normal course, the present writ petition would have been rendered infructuous and disposed of as such but CM-9922-CWP-2020 has been filed by the petitioner – Union alleging similar duties having been assigned to the secretaries of various cooperative societies of Nodal Officer, by the Deputy Commissioners, Fazilka, Fardidkot, Sri Muktsar Sahib as well as Sub Divisional Magistrate,

VINOD KOTHIYAL 2026.07.22 18:35 I attest to the accuracy and authenticity of this document

CWP-7942-2020 (O&M)

2

Amloh, copies of these orders have been appended as Annexures P-9 to P-12 with the application. Apprehension has also been expressed by the petitioner – Union on behalf of its members that the secretaries of the cooperative societies would be assigned further duties of different nature despite the fact that the petitioners are not Government employees.

Let the counsel for the State seek instructions from the respondents with reference to the conduct of the respondents especially when on the one hand, they are themselves acknowledging the fact that the secretaries of the cooperative societies cannot be deputed for the jobs which are relatable to the Government duty and on the other hand and in the same breath, posting the members of the petitioner – Union i.e. secretaries of the cooperative societies on similar duties which were under challenge in the present writ petition. Respondents be careful as the Court may be forced to take a strict action against the erring officers/officials.

List for further consideration on 09.10.2020 .

In the meantime, operation of the orders dated 17.09.2020, 16.09.2020, 21.09.2020 and 08.09.2020 (Annexures P-9 to P-12 respectively) shall be kept in abeyance qua the secretaries of the cooperative societies.”

In terms of the abovesaid order, affidavit dated 21.06.2021

by Sh. Arvind Pal Singh Sandhu, IAS, Deputy Commissioner, Fazilka

has been filed, wherein it has been stated as under :-

“xx xx xx xx xx 4. That the answering deponent revised the order dated 17.09.2020 (Annexure P-9) on dated 15.10.2020, which is attached as annexure R-1. The services of Secretaries and salesmen of Primary Cooperative Societies have already been withdrawn by the answering respondent vide its order dated 15.10.2020 as Annexure R-1.

xx xx xx xx xx”

On 05.07.2023, learned counsel for the petitioner sought

time for filing counter-affidavit to the said affidavit dated 21.06.2021.

Thereafter, again time was sought for the said purpose on 14.09.2023

VINOD KOTHIYAL 2026.07.22 18:35 I attest to the accuracy and authenticity of this document

CWP-7942-2020 (O&M) 3

and 17.05.2024 and last opportunity was sought on 05.11.2024, however, no counter-affidavit has been filed.

Since the claim of the petitioner-Union has already been satisfied, therefore, the instant petition has been rendered infructuous.

Disposed of as having become infructuous.

Pending application(s), if any, shall stand(s) disposed of

accordingly.

22.07.2026 (NAMIT KUMAR) Kothiyal JUDGE Whether Speaking/reasoned Yes/No Whether Reportable Yes/No

VINOD KOTHIYAL 2026.07.22 18:35 I attest to the accuracy and authenticity of this document