S.B. CIVIL WRIT PETITION No.12436/2012. Rameshwar Lal & Ors. Vs. The State of Rajasthan & Ors. Final Order dated 24.09.2014 1/6 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. :: ORDER
:: S.B. CIVIL WRIT PETITION No.12436/2012. Rameshwar Lal & Ors. Vs. The State of Rajasthan & Ors. .. Date of Order ::::
24. h September, 2014. PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Appearance: Mr. Rajesh Joshi, for the petitioners. Ms. Kusum Rao, Government Counsel, for the respondent-State. Mr. Dhirendra Pandey for Mr. Kamal Dave, for the respondent No.3 and 4. -- BY THE COURT:
1. The petitioners have approached this Court by way of present writ petition against the interlocutory order passed by the Joint Registrar, Cooperative Societies, Jaipur vide Annexure-17 dated 18.06.2012 purportedly under Section 125 (1) of the Rajasthan Cooperatives Society Act, 2001 ('the Act of 2001') by which, the Resolution No.13 passed by the Board of Directors, Barmer Central Cooperative Bank Limited, Barmer on 31.01.2012 has been stayed by the said Joint Registrar and the S.B. CIVIL WRIT PETITION No.12436/2012. Rameshwar Lal & Ors. Vs. The State of Rajasthan & Ors. Final Order dated 24.09.2014 2/6 matter has been referred to the Rajasthan State Cooperatives Tribunal, Rajasthan, Jaipur for determination of the issues.
2. The issue sought to be raised in the present writ petition before this Court is that the petitioners were initially appointed as Managers in different Agriculture Credit Cooperative Societies and they were given promotion and posted as Loan Supervisors but they were fixed in a lower pay-scale which was lower than what they were getting while working as Managers and, therefore, they made a representation stating their grievance regarding wrong fixation of pay. Thereafter, upon the representation of the petitioners, the District Collector, Barmer, as an Administrator of the Cooperative Societies, had appointed Assistant Accounts Officer to correct the fixation of the petitioners.
3. Vide Order Annexure-10 dated 10.02.2009, the petitioners were given the correct pay fixation and after fixation of pay correctly, the petitioners were getting their regular salary and other admissible allowances but by the impugned stay order Annexure-13 dated 02.12.2011, the Joint Registrar (Banking) of the Cooperative Societies, Jaipur has interfered in the matter. The said Joint Registrar has informed the Managing Director of the respondent Barmer Central Cooperative Bank Limited, Barmer that the pay fixation of the petitioners who were S.B. CIVIL WRIT PETITION No.12436/2012. Rameshwar Lal & Ors. Vs. The State of Rajasthan & Ors. Final Order dated 24.09.2014 3/6 promoted to the post of Loan Supervisors from the post of Managers has wrongly been done and the same is not in accordance with the Order of Registrar dated 27.02.2008 and, therefore, it was directed that the pay fixation of the petitioners be done again on the basis of the order of the Registrar dated 27.02.2008.
4. Being aggrieved by the said impugned order Annexure-13 dated 02.12.2011, the petitioners had earlier filed writ petition before this Court namely, S.B. Civil Writ Petition No.508/2012 Thakar Singh & Ors. Vs. The State of Rajasthan & Ors. which was dismissed as premature by the learned Single Judge of this Court on 19.01.2012. Thereafter, the Board of Directors of the respondent – The Barmer Central Cooperative Bank Limited, Barmer vide Resolution No.13 dated 31.01.2012 decided to maintain the pay-fixation of the petitioners, who were promoted as Loan Supervisors from the post of Manager, which fixation was done on the basis of the order dated 30.04.2009 passed by the then District Collector, Barmer. Thereafter, the said facts were brought to the notice of the Joint Registrar, by the Managing Director of the respondent – The Barmer Central Cooperative Bank Limited, Bamrer vide communication dated 16.02.2012 which ultimately resulted in passing of the impugned order Annexure-17 dated 18.06.2012 by which the operation of S.B. CIVIL WRIT PETITION No.12436/2012. Rameshwar Lal & Ors. Vs. The State of Rajasthan & Ors. Final Order dated 24.09.2014 4/6 the said Resolution No.13 was stayed and the matter regarding revocation of the said Resolution No.13 taken by the Board of the Directors was ordered to be transferred to the Rajasthan State Cooperative Tribunal, Jaipur as per the provisions of Section 125 (2) of the Act.
5. The learned counsel for the petitioners Mr. Rajesh Joshi has vehemently argued that the said impugned order Annexure- 17 dated 18.06.2012 passed by the Joint Registrar, Cooperative Societies is patently wrong and is against the principles of natural justice, as no opportunity of hearing was given to the petitioners by the said Joint Registrar before passing of the said impugned order.
6. The learned Govt. Counsel for the respondent Cooperative Department of Govt. of Rajasthan, Ms. Kusum Rao prayed for some time for filing the reply to the writ petition but the learned counsel Mr. Dhirendra Pandey appearing on behalf of Mr. Kamal Dave for the respondents No.3, namely, Barmer Central Cooperative Bank Ltd. has supported the case of the petitioner against the impugned order Annexure-17 dated 18.06.2012 passed by the Joint Registrar of the Cooperative Societies.
7. Having heard the learned counsels for the parties and having perused the record of the case, this Court is of the opinion that no interference is called for in the impugned interlocutory S.B. CIVIL WRIT PETITION No.12436/2012. Rameshwar Lal & Ors. Vs. The State of Rajasthan & Ors. Final Order dated 24.09.2014 5/6 impugned order passed by the Joint Registrar, Cooperative Societies vide Annexure-17 dated 18.06.2012. What issues or grounds are to be raised to lay challenge to the said order Annexure-17 dated 18.06.2012 before this Court could very well be raised before the Rajasthan State Cooperative Tribunal, Jaipur, who is now seized with the matter as stated in the said stay order Annexure-17 dated 18.06.2012, by which the matter has been transferred by exercising the powers under Section 125 (2) of the Act of 2001 for revocation of the Resolution No.13 dated 31.01.2012 taken by the Board of Directors of the respondent – The Barmer Central Cooperative Bank Limited.
8. This Court is further of the opinion that any pronouncement on the merits or demerits of the controversy at this stage of the aforesaid interlocutory order 18.06.2012 passed by the respondent Joint Registrar would be premature, since the competent authority, i.e., the Tribunal is seized over the issues sought to be raised by the petitioners before this Court and, therefore, the writ petition is also premature.
9. However, in the circumstances of the case, the petitioners would also be at liberty to raise their objections before the said Joint Registrar on the question of jurisdiction and breach of principles of natural justice and other grounds, who is expected to hear the petitioners and pass the appropriate final orders and S.B. CIVIL WRIT PETITION No.12436/2012. Rameshwar Lal & Ors. Vs. The State of Rajasthan & Ors. Final Order dated 24.09.2014 6/6 thereafter before the said Cooperative Tribunal who shall decide the matter transferred to it under Section 125 of the Act of 2001.
10. Accordingly, this writ petition is disposed of with the directions and requirements aforesaid. No order as to costs. A copy of this order be sent to the parties concerned forthwith. (Dr. VINEET KOTHARI), J.
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