Disposed

Mst. Rukshana Bano v. the State of Rajasthan

Rajasthan HC15 Oct 2019CW/6634/2019

Case brief

AI extract

What is this about?

High Court of Rajasthan disposed of a writ petition seeking declaration of the petitioner's deceased husband as an employee and grant of pension benefits. The court decided to extend relief based on pending Supreme Court stay orders rather than independent adjudication.

What did the court decide?

Court observed that relief shall be extended pending Supreme Court order, subject to entitlement as per Rules.

Mst. Rukshana Bano Vs the State of Rajasthan — Company and Corporate | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 6634/2019

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Mst. Rukshana Bano W/o Late Shri Akhtar Ali Siddiqui, Aged About 51 Years, Resident Of Tahirpura Mohalla, Village And Post Rol, Tehsil Jayal, District Nagaur (Raj.).

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----Petitioner

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Versus

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The State Of Rajasthan, Through Its Principal Secretary, Co-Operative Department, Government Of Rajasthan, Secretariat, Jaipur.

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The Registrar, Co-Operative Societies, Nehru Sahakar Bhawan, Bhawani Singh Road, 22 Godam Circle, Jaipur.

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The Nagaur Central-Co-Operative Bank Limited, Head Office, Gandhi Chowk, Nagaur, Through Its Managing Director.

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The Branch Manager, Nagaur Central Co-Operative Bank Limited, Branch Didwana, District Nagaur.

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----Respondents

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For Petitioner	:	Mr. Navdeep Choudhary & Mr. Deepak Nehra
For Respondents	:	Mr. Mrig Raj Singh Mr. Tej Singh Rathore

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HON'BLE MR. JUSTICEF VINIT KUMAR MATHUR

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Order

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15/10/2019

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The present writ petition has been filed for the following

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reliefs :-

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“a. the petitioner’s husband 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’s husband 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’s husband akin

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(2 of 3)

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[CW-6634/2019]

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

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

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d. the respondents may kindly be directed to release all the pensionary benefits in favour of the petitioner, on equal terms as granted to the other dependents of deceased Bank employees, with all consequential benefits”.

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At the outset, learned counsel for the respondent submits that the present case is 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 petitioner will be covered by the decision of the Hon’ble Supreme Court in Petition for Special Leave to Appeal (Civil) No. 7484/2019.

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In the circumstances, this 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 Petition for Special Leave to Appeal.

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(3 of 3)

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[CW-6634/2019]

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Needles to observe that the entitlement of the petitioner

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other than the pronouncements made by Hon’ble Supreme Court will depend upon the entitlement as per the Rules.

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(VINIT KUMAR MATHUR),J

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316-SanjayS/-

Mst. Rukshana Bano v. the State of Rajasthan

Case brief

What is this about?

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Mst. Rukshana Bano v. the State of Rajasthan

Case brief

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