Rajasthan High Court
Rajasthan Sahakari Karmchari Sangh vs The State Of Rajasthan Through Its ... on 2 January, 2024
Bench: Manindra Mohan Shrivastava, Praveer Bhatnagar
[2024:RJ-JP:220-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Special Appeal Writ No. 1098/2018
Rajasthan Sahakari Karmchari Sangh, Jaipur Through Its Branch
President, Bhilwara Jagdish Prasad Sharma S/o Shri Banshi Lal
Sharma, Aged About 65 Years.
----Appellant
Versus
1. The State Of Rajasthan Through Its Secretary, Department
Of Cooperative, Government Of Rajasthan, Jaipur.
2. The Registrar, Cooperative Department, Rajasthan, Jaipur.
3. The Central Cooperative Bank, Bhilwara Through Its
Managing Director.
----Respondents
For Appellant(s) : Mr. R.M. Jain
For Respondent(s) : Mr. S.S. Raghav, AAG with
Mr. Mananjay Singh Rathore
Mr. Rahul Kamwar
HON'BLE THE ACTING CHIEF JUSTICE MR. MANINDRA MOHAN SHRIVASTAVA
HON'BLE MR. JUSTICE PRAVEER BHATNAGAR
Judgment
02/01/2024
1. This appeal is preferred against the order dated 02.08.2018
passed by learned Single Judge, whereby, the writ petition
claiming benefit of revised pay scale at par with the State
Government employees has been dismissed.
2. Though, learned counsel for the appellant would argue that
in view of various judicial pronouncements, the
Managers/Vyavasthpaks of Primary Credit Society are to be treated
as employees of the bank, we fail to understand how these
judgments come to the aid of the appellant in claiming the relief
sought in their writ petition.
[2024:RJ-JP:220-DB] (2 of 4) [SAW-1098/2018]
3. In the writ petition following relief was sought by the
Association.
"i) declaring the action of the respondents in not
revising the pay scales of the
Manager/Vyavasthapak after the year 1983 as has
been revised by the State Government in the years
1986, 1989 and 1998 to be illegal and
unconstitutional and directing them to revise the
pay scales of the Managers/Vyavasthapaks
accordingly with all consequential benefits;
ii) declaring the orders dated 21.10.1997(Annx.4),
08.12.1997(Annx.5) and 13.10.1997 (Annx.6) to be
illegal and unconstitutional and quashing and
setting aside the same and directing respondent to
pay the jumps benefit.
iii) declaring the action of the respondents in not
giving the benefit of order dated 25.01.1992 to the
members of the petitioner Union on completion of
their 9, 18 & 27 years service, to be illegal and
unconstitutional and directing them to allow these
benefits to the members of the petitioner Union
with all consequential benefits;"
4. The relief sought in writ petition unmistakably shows that the
appellant sought parity with the State Government employees in
the matter of revision of pay scale as well as the effective date of
revision of pay scales.
5. The learned Single Judge dismissed the petition mainly on
the basis that the petitioner has failed to place before this Court
any specific Rule or decision by which either the bank or the State
Government has taken any decision to grant revised pay scale to
the Managers posted in the Primary Credit Society at par with the
employees of the State Government. Taking note of the provisions
contained Rule 26-A of the Extent Rules, it has also been correctly
held by the learned Single Judge that the pay scales would be as
may be prescribed by the Registrar of the Co-operative Societies.
6. The decisions which have been relied upon by the learned
counsel in the case of Rajasthan Sahakari Karmchari Sangh & Ors.
Vs. The Government Co-operative Department decided on
[2024:RJ-JP:220-DB] (3 of 4) [SAW-1098/2018]
09.10.2018, Daluram Kumawat & Ors. Vs. State of Rajasthan &
Anr. decided on 14.09.2018 and The Chairman, Chidabutter Village
Service Co-operative Socities Vs. State of Rajasthan & Ors.
decided on 18.11.2017 are all decisions on the issue as to whether
a Manager/Vyavasthapak employed for the work of a Primary
Credit Society is to be treated as an employee of the Apex Society
i.e. Central Co-operative Bank or that of the Primary Credit Society.
In all these decisions it has been held that
Managers/Vyavasthapaks are employees of the Central Co-
operative Bank i.e. the Apex Co-operative Society and not the
Primary Credit Co-operative Society. Even if the aforesaid legal
position attains finality, the same does not help the appellant by
any stretch of imagination to claim parity with the State
Government employees in the matter of revision of pay scales
much less giving effect to revised pay scale from the same date.
Even the Rules do not make any provision. The employers being
different, the source of recruitment and the service being entirely
different, an employee of the Co-operative Bank cannot claim
parity within the employee of the State Government in the matter
of grant of pay scale and effective date of revision of pay scales.
7. In sum and substance, the relief sought by the appellant is
sans substratum. Neither policy decision nor circular, orders nor
Rules support the case of the petitioner. Therefore, the learned
Single Judge has not committed any illegality in dismissing the
petitioner's claim with regard to grant of higher pay scale/revised
pay scale that too with effect from the date on which it was
granted in favour of the State Government employees.
[2024:RJ-JP:220-DB] (4 of 4) [SAW-1098/2018]
8. It needs to be noted that the members of the petitioner
Association have been granted higher pay scale/revised pay scale
during the pendency of the writ petition and the only issue which
remained to be decided before the learned Single Judge was
whether their claim for grant of revised pay scale with effect from
the same date from which it was granted to State Government
employees can be sustained. That argument was negated by
learned Single Judge on consideration which we have referred to
herein-above. We find that the claim of parity with the State
Government employees is not at all maintainable. Therefore, there
is no illegality in the order passed by the learned Single Judge.
9. Accordingly, the present special appeal (writ) is dismissed.
(PRAVEER BHATNAGAR),J (MANINDRA MOHAN SHRIVASTAVA),ACTING CJ
55-SURAJ KUMAR
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