Ummeda Ram vs The Registrar Co-Operative ...
2022 Latest Caselaw 4731 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 6201/2019

1. Ummeda Ram S/o Shri Khairaj Ram, Aged About 58 Years, By caste Jat R/o Bayatu Panji, District Barmer

2. Jaidev S/o Shri Sheshkaran, Aged About 58 Years, By caste Charan R/o Village Bhandiyawas, District Barmer

3. Peetha Ram S/o Shri Vana Ram, Aged About 57 Years, By caste Jat R/o Dudhwa, District Barmer

4. Vishna Ram S/o Shri Alsa Ram, Aged About 55 Years, By caste Jat R/o Madhpura Barwala, District Barmer

5. Pura Ram S/o Shri Vagta Ram, Aged About 58 Years, By caste Jat R/o Balotara District Barmer

6. Mohan Lal S/o Shri Dungara Ram, Aged About 57 Years, By caste Meghwal R/o Jadesara District Barmer

7. Jetha Ram S/o Shri Lachhma Rm, Aged About 57 Years, By caste Choudhary R/o Goliya, District Barmer.

8. Narayan Puri S/o Shri Bhur Puri, Aged About 57 Years, By caste Swami, R/o Karmawas District Barmer

9. Daja Ram S/o Shri Sawa Ram, Aged About 52 Years, By caste Choudhary R/o Bhedana, District Barmer

10. Satyanarayan S/o Shri Raichand Ram, Aged About 59 Years, By caste Brahmin R/o Sanawada District Barmer.

----Petitioners Versus

1. The Registrar Co-Operative Societies, Nehru Sahkar Bhawan, 22 Godown Circle, Jaipur

2. The Barmer Central Co-Operative Bank Ltd., Barmer Through Its Managing Director.

3. The Administrator And The District Collector, The Barmer Central Co-Operative Bank Ltd. Barmer.

----Respondents

For Petitioner(s) : Mr. Suresh Charan Mr. Harish Purohit for Mr. Shashank Sharma For Respondent(s) : Mr. Param Veer Singh Champawat Mr. Surendra Singh Choudhary Mr. Digvijay Shekhawat for Mr. Mrigraj Singh Rathore

(2 of 3) [CW-6201/2019]

HON'BLE MS. JUSTICE REKHA BORANA

Order

29/03/2022

Counsel for the petitioners submits that the controversy in

question rests decided by a judgment passed by the Coordinate

Bench of this Court in the case of Amar Singh Vs. The Jalore

Central Coorperative Bank Ltd. & Anr. along with other

connected matters; S.B. Civil Writ Petition No.6996/2014

wherein the Court held as under:

"As a consequence of the above discussion, the writ petitions are allowed. The respondents are directed to upgrade the basic pay of the petitioners in accordance with Rule 26A of the RSR by applying the said rule in letter and spirit. The petitioners shall also be entitled to consequential monetary benefits flowing from the above direction. The entire exercise as directed above shall be completed within a period of six months, failing which the accrued amount shall carry interest at the rate of 7.5% per annum."

It has further been submitted that the ratio as laid down in

Amar Singh's case (supra) has been affirmed by the Division

Bench of this Court in the case of The Barmer Central Co-

operative Bank Ltd. Vs. Bhanwar Singh Khichi & Ors.; D.B.

Spl. Appl. Writ No.1157/2017 and further by the Hon'ble Apex

Court in the case of Barmer Central Cooperative Bank Ltd. Vs.

Bhanwar Singh Khichi & Ors.; Special Leave to Appeal

No.10638/2018.

Counsels for the respondents are not in a position to refute

the submissions so far as the judgment passed in Amar Singh's

case is concerned and so far as the same being applicable in the

present matter is concerned.

(3 of 3) [CW-6201/2019]

In view of the above submissions the present writ petition is

allowed in terms of the judgment as passed in Amar Singh's case

(supra).

(REKHA BORANA),J

49-T.Singh/-

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