Rajasthan High Court - Jodhpur

Shankar Lal vs State Of Rajasthan (2024:Rj-Jd:38764) on 19 September, 2024

Author: Vinit Kumar Mathur

Bench: Vinit Kumar Mathur

[2024:RJ-JD:38764]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
              S.B. Civil Writ Petition No. 6620/2019

Banshi Lal S/o Late Shri Kushla Ram, Aged About 61 Years,
Resident Of Village Dasana Kala, Post Akoda, Via Moulasar, Tehsil
Didwana, District Nagaur (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Principal Secretary, Co-
         Operative Department, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Registrar, Co-Operative Societies, Nehru Sahakar
         Bhawan, Bhawani Singh Road, 22 Godam Circle, Jaipur.
3.       The Nagaur Central Co-Operative Bank Limited, Head
         Office, Gandhi Chowk, Nagaur, Through Its Managing
         Director.
4.       The Branch Manager, Nagaur Central Co-Operative Bank
         Limited, Branch Didwana, District Nagaur.
                                                                 ----Respondents
                            Connected With
              S.B. Civil Writ Petition No. 6381/2019
Ramswaroop Sharma S/o Late Shri Satyanarayan Sharma, Aged
About 65 Years, Resident of Bangur Chowk, Didwana, District
Nagaur (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Princiapl Secretary, Co-
         Operative Department, Government Of Rajasthan,
         Secretarait, Jaipur.
2.       The Registrar, Co-Operative Societies, Nehru, Sahakar
         Bhawan, Bhawani Singh Road, 22 Goadam Circle, Jaipur.
3.       The Nagaur Central Co-Operative Bank Limited, Head
         Office, Ganghi Chowk, Nagaur, Through Its Managing
         Director.
4.       The Branch Manager, Nagaur Central Co-Operative Bank
         Limited, Branch Didwana, District Nagaur.
                                                                 ----Respondents
              S.B. Civil Writ Petition No. 6627/2019
Kana Ram Bhati S/o Late Shri Lalchand, Aged About 59 Years,
Resident of Jhalara Baas, Didwana, District Nagaur (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Principal Secretary, Co-
         Operative Department, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Registrar, Co-Operative Societies, Nehru Sahakar

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         Bhawan, Bhawani Singh Road, 22 Godam Circle, Jaipur.
3.       The Nagaur Central Co-Operative Bank Limited, Head
         Office, Gandhi Chowk, Nagaur, Through Its Managing
         Director.
4.       The Branch Manager, Nagaur Central Co-Operative Bank
         Limited, Branch Didwana, District Nagaur.
                                                                 ----Respondents
              S.B. Civil Writ Petition No. 6661/2019
Ram Prasad Soni S/o Late Shri Man Chand Soni, Aged About 67
Years, Resident Of Bangur Chowk, Near Teliyon Ki Masjid,
Didwana, District Nagaur (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Principal Secretary, Co-
         Operative Department, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Registrar, Co-Operative Societies, Nehru Sahakar
         Bhawan, Bhawani Singh Road, 22 Godam Circle, Jaipur.
3.       The Nagaur Central Co-Operative Bank Limited, Head
         Office, Gandhi Chowk, Nagaur, Through Its Managing
         Director.
4.       The Branch Manager, Nagaur Central Co-Operative Bank
         Limited, Branch Didwana, District Nagaur.
                                                                 ----Respondents
              S.B. Civil Writ Petition No. 6663/2019
Moba Ram S/o Late Shri Bhera Ram, Aged About 62 Years,
Resident of Village and Post Thebari, Tehsil Didwana, District
Nagaur (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       The State Of Rajasthan, Through Its Principal Secretary,
         Co-Operative Department, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Registrar, Co-Operative Societies, Nehru Sahakar
         Bhawan, Bhawani Singh Road, 22 Godam Circle, Jaipur.
3.       The Nagaur Central Co-Operative Bank Limited, Head
         Office, Gandhi Chowk, Nagaur, Through Its Managing
         Director.
4.       The Branch Manager, Nagaur Central Co-Operative Bank
         Limited, Branch Didwana, District Nagaur.
                                                                 ----Respondents
              S.B. Civil Writ Petition No. 6664/2019
Ramniwas Prajapat S/o Late Shri Ganesha Ram, Aged About 59
Years, Resident of Village and Post Rol, Tehsil Jayal, District
Nagaur (Raj.).


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                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Principal Secretary, Co-
         Operative Department, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Registrar, Co-Operative Societies, Nehru Sahakar
         Bhawan, Bhawani Singh Road, 22 Godam Circle, Jaipur.
3.       The Nagaur Central Co-Operative Bank Limited, Head
         Office, Gandhi Chowk, Nagaur, Through Its Managing
         Director.
4.       The Branch Manager, Nagaur Central Co-Operative Bank
         Limited, Branch Didwana, District Nagaur.
                                                                 ----Respondents
              S.B. Civil Writ Petition No. 6668/2019
Shrawan Singh S/o Late Shri Pabudan Singh, Aged About 59
Years, Resident of Village Patan, Post Kalwani, Tehsil Didwana,
District Nagaur (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Principal Secretary, Co-
         Operative Department, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Registrar, Co-Operative Societies, Nehru Sahakar
         Bhawan, Bhawani Singh Road, 22 Godam Circle, Jaipur.
3.       The Nagaur Central Co-Operative Bank Limited, Head
         Office, Gandhi Chowk, Nagaur, Through Its Managing
         Director.
4.       The Branch Manager, Nagaur Central Co-Operative Bank
         Limited, Branch Didwana, District Nagaur.
                                                                 ----Respondents
                 S.B. Civil Writ Petition No. 6670/2019
Babu Lal Didel S/o Late Shri Ramdev Didel, Aged About 63
Years, Resident of Village And Post Rol, Tehsil Jayal, District
Nagaur (Raj.).
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Principal Secretary, Co-
         Operative Department, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Registrar, Co-Operative Societies, Nehru Sahakar
         Bhawan, Bhawani Singh Road, 22 Godam Circle, Jaipur.
3.       The Nagaur Central Co-Operative Bank Limited, Head
         Office, Gandhi Chowk, Nagaur, Through Its Managing
         Director.
4.       The Branch Manager, Nagaur Central Co-Operative Bank
         Limited, Branch Didwana, District Nagaur.

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                                                                 ----Respondents
              S.B. Civil Writ Petition No. 6672/2019
Shankar Lal S/o Late Shri Pema Ram, Aged About 58 Years, R/o
Suwadiya Baas, Jayal, District Nagaur, (Raj.)
                                                                    ----Petitioner
                                    Versus
1.       State Of Rajasthan, Through Its Principal Secretary, Co-
         Operative Department, Government Of Rajasthan,
         Secretariat, Jaipur.
2.       The Registrar, Co-Operative Societies, Nehru Sahakar
         Bhawan, Bhawani Singh Road, 22 Godam Circle, Jaipur.
3.       The Nagaur Central Co-Operative Bank Limited, Head
         Office, Gandhi Chowk, Nagaur, Through Its Managing
         Director.
4.       The Branch Manager, Nagaur Central Co-Operative Bank
         Limited, Branch Didwana, District Nagaur.
                                                                 ----Respondents


For Petitioner(s)         :     Mr. Nitin Gehlot for
                                Mr. Deepak Nehra.
For Respondent(s)         :     Mr. K.D.S. Charan, AAAG for
                                Mr. Nathu Singh Rathore, AAG.
                                Mr. Paramveer Singh.



         HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Order

19/09/2024

1. Since the controversy involved in all the above writ petitions

is similar, therefore, they are being heard and decided together by

this common order. However, for the sake of brevity, the relief

sought for in S.B. Writ Petition No.6620/2019 "Banshi Lal Vs. The

State of Rajasthan & Ors." is being reproduced as under:-

"a) The petitioner may kindly be declared an employee of the respondent Bank for all intents and purposes and to grant all the service benefits in favour of the petitioner as accrues to the other Bank employees, with all consequential benefits.

b) The respondents may kindly be directed to revise the entire pay-scales of the petitioner akin to the other posts of the Bank

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viz Banking Assistant/other Bank employees, and determine the arrears and disburse the same in favour of the petitioner.

c) The respondents may kindly be directed to release the arrears which accrues in favour of the petitioner under different heads of service benefits, once he is treated an employee of the respondent Bank, with all consequential benefits with an interest of 12% per annum

d) The respondents may kindly be directed to release all the retiral benefits in favour of the petitioner, on equal terms as granted to the other Bank employees, with all consequential benefits."

2. At the outset, learned counsel for the respondents submits

that the present cases are squarely covered by the judgment of

this Court delivered on 14/09/2018 in a batch of writ petitions led

by D.B. Civil Writ Petition No. 5016/2016 (Daluram Kumawat vs.

State of Rajasthan & Ors.). However, learned counsel submits that

the validity of this judgment dated 14/09/2018 is assailed before

the Hon'ble Supreme Court wherein the Hon'ble Supreme Court

has stayed the operation of the judgment vide its order dated

14/03/2019. He further submits that in any case, the case of the

petitioners will be covered by the decision of the Hon'ble Supreme

Court in Petition for Special Leave to Appeal (Civil) No. 7484/2019

and other connected matters.