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2019 DIGILAW 3006 (RAJ)

Shiv Lal S/o Shri Jala Ram Vishnoi v. Registrar Co-Operative Societies, Nehru Sahkar Bhawan, 22-Godown Circle, Jaipur

2019-12-16

ARUN BHANSALI

body2019
ORDER : 1. These writ petitions have been filed by the petitioners seeking a direction to the respondents to fix the pay of the petitioners as per Rule 26A of the Rajasthan Service Rules, 1951(‘the Rules’) from the initial date of promotion on the post of Loan Supervisor and after fixing such salary, actual consequential arrears may be paid to the petitioners. 2. Learned counsel for the petitioners submitted that the issue raised in the present writ petitions is squarely covered by the judgment of this Court in Amar Singh vs. The Jalore Central Cooperative Bank Ltd. & Anr. : S.B. Civil Writ Petition No. 6996/2014 decided on 17/10/2016, which judgment has been upheld by the Division Bench in The Jalore Central Co-operative Bank Ltd., Jalore vs. Amar Singh : D.B. Special Appeal (Writ) No.433/2017 decided on 18/7/2017 and The Registrar, Cooperative Societies, Government of Rajasthan vs. Amar Singh & Anr. : D.B. Special Appeal (Writ) No. 896/2017 decided on 9/10/2017 and, therefore, the present petitioners, who are similarly situated to the petitioners in the case of Amar Singh (supra) are entitled to similar relief. 3. Learned counsel for the respondents though opposed the prayer made by the petitioners in the writ petitions, however, do not dispute that the issue raised in the present writ petitions is squarely covered by the judgment in the case of Amar Singh (supra). 4. In the case of Amar Singh (supra), it was directed as under: “As a consequence of the above discussion, the writ petitions are allowed. The respondents are directed to upgrade the basic pay of the petitioners in accordance with Rule 26A of the RSR by applying the said rule in letter and spirit. The petitioners shall also be entitled to consequential monetary benefits flowing from the above direction. The entire exercise as directed above shall be completed within a period of six months, failing which the accrued amount shall carry interest at the rate of 7.5% per annum. No order as to cost.” 5. In view of the submissions made, the writ petitions filed by the petitioners are allowed with the similar directions as given in the case of Amar Singh (supra).