Disposed

Radheyshyam Maheshwari and Ors. v. State of Rajasthan and Ors.

Rajasthan HC16 Sept 2022CW/923/2018

Case brief

AI extract

What is this about?

This order impounded a writ petition filed by employees of a cooperative society seeking salary revision as per the 6th Pay Commission. The Court directed the Registrar of Cooperative Societies to decide the pending issue regarding salary revision within four weeks.

What did the court decide?

Directing Respondent No.2 to decide the issue of revision of pay scales within four weeks from the date of the order.

Radheyshyam Maheshwari and Ors. Vs State… — Pension and Retirement Benefits | Rajasthan HC (2022)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Writ Petition No. 923/2018

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Radheyshyam Maheshwari S/o Sh. Loonkaran Maheshwari, By Caste Maheshwari, Resident Of 5 L 26, Jawahar Nagar, Sri Ganganagar Raj.

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Inayat Hussain S/o Sh. Mustaq Ali, By Caste Muslim, Resident Of Hosue No. 1140, Gali No. 4, Purani Abadi, Sri Ganganagar Raj.

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Mahesh Kumar Singhal S/o Sh. Purnchand, Resident Of 6- U-5, Jawahar Nagar, Sri Ganganagar Raj.

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Pankaj Mehta S/o Sh. Narendra Kumar, By Caste Arora, Resident Of 873, Chawla Chock, Purani Abadi, Sri Ganganagar Raj..

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Gaurav Sukhija S/o Late Sh. Tarsem Sukhija, By Caste Arora, Resident Of House No. 100, Ward No. 34 Jakhar Colony, Sri Ganganagar Raj.

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Shankerlal S/o Sh. Parmeshwar Lal, By Caste Nai, Resident Of 101B, Gali No. 4, Ward No. 2 Shakti Nagar, Purani Abadi, Sri Ganganagar Raj..

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Subhash Chandra S/o Sh. Govind Ram, By Caste Mochi, Resident Of House No. 619, Gali No. 6, Indra Colony, Sri Ganganagar Raj.

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Laxminarayan S/o Sh. Ashiki Lal, Resident Of Purani Abadi, Sri Ganganagar Raj.

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----Petitioners

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Versus

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State Of Rajasthan, Through The Secretary To The Government, Cooperative Department, Jaipur.

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The Registrar, Cooperative Societies, Jaipur. 3. Additioinal Registrar, Cooperative Societies, Bikaner.

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Sri Ganganagar Sahakari Upbhokta Wholesale Bhandar Ltd, Through Its General Manager, Sri Ganganagar.

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----Respondents

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For Petitioner(s) : Mr. Sanjeet Purohit For Respondent(s) : Mr. Mrigraj Singh Rathore

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(2 of 4)

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[CW-923/2018]

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HON'BLE MR. JUSTICE KULDEEP MATHUR

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Order

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16/09/2022

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By way of of present writ petition, the petitioner has prayed for following reliefs:-

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“It is, therefore, most respectfully prayed that this petition for writ in the nature of mandamus and certiorari may kindly be allowed and by any other appropriate writ, order or direction:

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The orders impugned dated 12.12.2017 (Annex.-9) and 27.12.2017 (Annex.-10) passed by the respondents may kindly be quashed and set aside; and

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The Petitioners be paid salaries in consonance with 6^th Pay Commission as laid out in order dated 21.02.2017 passed by Respondent No.4.

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Any other appropriate order, which this Hon’ble Court deems fit and proper in the facts and circumstances of the case, may kindly be passed in favour of petitioners.

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Allow cost of the writ petition to the petitioners.”

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The petitioner are employees of Sri Ganganagar Sahkari Upbhogkta Wholesale Bhandar Ltd. (hereinafter referred to as ‘Bhandar’). It was pleaded that Bhandar has been earning profits and therefore, in its 35^th Annual General Meeting dated 16.11.2016, decided to pass a resolution to revise the pay scales of the employees as per the recommendations of 6^th Pay Commission. Pursuant to the aforesaid resolution, the Bhandar started disbursing salaries as per 6^th Pay Commission to its employees. However, the resolution dated 16.11.2016 came to be rescinded by the Registrar, Co-operative Socities exercising powers under Section 125 of the Rajasthan Co-operative Socities Act, 2001 on the ground that conditions as envisaged under the

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(3 of 4)

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[CW-923/2018]

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notification dated 30.11.2009 have not been followed by the

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society.

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It was further pleaded that during pendency of the present writ petition, Bhandar conducted its 38^th Annual General Meeting on 27.09.2019 wherein again a resolution has been passed to revise salaries of the employees as per 6^th Pay Commission vide Agenda No.6. In furtherance of the aforesaid resolution and after responding to all the clarifications, sought by Additional Registrar, Co-operative Socities, Jaipur, it was recommended by the Assistant Registrar, Coperative-Socities, Bikaner-Division, Bikaner vide letters dated 17.06.2021 and 27.07.2021, that permission may be granted for revision of salary of the employees working with Bhandar as per 6^th Pay Commission. However, respondent No.2 has not yet approved the resolution passed in the Annual General Meeting of the Bhandar. Counsel also pleaded that delay/denial of pay fixation as per 6^th Pay Commission despite resolution passed in the Annual General Meeting of the Bhandar tantamounts to depriving employees of their legitimate dues without any fault on their part.

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In support of aforesaid contentions, reliance was placed on the judgment rendered by co-ordinate Bench of this Court in the case of Jaswant Singh & Ors. v. State of Rajasthan (S.B. C.W. No.4041/2006).

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It is a sorry state of affairs that respondent No.2 has not yet acted upon the resolution dated 27.09.2019, whereby decision for extending benefits of 6^th Pay Commission to the employees had been taken. The inaction on the part of Respondent No.2 has

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(4 of 4)

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[CW-923/2018]

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caused undue financial hardship to the employees working with the Bhandar.

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In view of above, the Respondent No.2 is directed to decide the issue pertaining to revision of pay scales of the employees as per 6^th Pay Commission working with the Sri Ganganagar Sahkari Upbhogkta Wholesale Bhandar Ltd., pending before it, keeping in view the observations made by this Court in the case of Jaswant Singh (supra) within a period of four weeks from the date of this order.

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In the result, the writ petition is disposed of in above terms. No order as to costs.

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(KULDEEP MATHUR),J

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44-KshamaD/-

Radheyshyam Maheshwari and Ors. v. State of Rajasthan and Ors.

Case brief

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Radheyshyam Maheshwari and Ors. v. State of Rajasthan and Ors.

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