Rajasthan High Court - Jodhpur
Ram Niwas vs State Of Rajasthan (2025:Rj-Jd:48789) on 13 November, 2025
Author: Farjand Ali
Bench: Farjand Ali
[2025:RJ-JD:48789]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6636/2019
Ram Niwas S/o Late Shri Chothu Ram, Aged About 61 Years,
Resident Of Kadiya 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
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. Deepak Nehra
For Respondent(s) : Mr. NS Rathore, AAG
Mr. PS Chandawat
Mr. Ravindra Choudhary
Mr. Shanu Prajapat
HON'BLE MR. JUSTICE FARJAND ALI
Order
13/11/2025
1. By way of filing the instant writ petition, the petitioner has
sought the following prayers:-
"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 respondent may kindly be directed to revise
the entire pay-scales of the petitioner akin to the other
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posts of the Bank 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. The controversy involved in this case is very much identical
to the judgment dated 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.
3. In the circumstances, the writ petition is disposed of with the
observation that the relief prayed for in this writ petition shall be
extended to the petitioner in the light of the judgment passed by
the Hon'ble Supreme Court in the aforesaid pending SLPs and
connected matters. The petitioner shall be eligible to get benefit in
the same fashion as it was ordered in the case referred supra.
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4. Needless to observe that the consideration of entitlement of
the petitioner other than the pronouncements made by Hon'ble
Supreme Court will depend upon the entitlement as per the Rules
and the judgment rendered in S.B. Civil Writ Petition
No.3497/1999 "Rajasthan Sahakari Karamchari Sangh,
Jaipur & Ors. Vs. The Government, Co-operative
Department & Ors." dated 09.10.2018."
5. Stay petition as well as pending applications, if any, stand
disposed of.
(FARJAND ALI),J
167-divya/-
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