Rajasthan High Court - Jaipur
Suresh Chandra Choudhary vs State Of Raj And Ors on 27 September, 2012
Author: Mohammad Rafiq
Bench: Mohammad Rafiq
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN 1. S.B. Civil Writ Petition No.12864/2008 Rameshwar Prasad Prajapat Vs. State of Rajasthan and Others 2. S.B. Civil Writ Petition No.12135/2008 Prahlad Avasthi and Others Vs. State of Rajasthan and Others 3. S.B. Civil Writ Petition No.12141/2008 Brijesh Kumar and Another Vs. State of Rajasthan and Others 4. S.B. Civil Writ Petition No.12367/2008 Laxman Singh Vs. State of Rajasthan 5. S.B. Civil Writ Petition No.12373/2008 Devi Ram Vs. State of Rajasthan 6. S.B. Civil Writ Petition No.12385/2008 Pehal Gram Seva Sahakari Samiti Vs. State of Rajasthan 7. S.B. Civil Writ Petition No.12386/2008 Sheelgaon Gram Seva Sahkari Samiti Vs. State of Rajasthan 8. S.B. Civil Writ Petition No.12388/2008 Jagdev Singh Vs. State of Rajasthan 9. S.B. Civil Writ Petition No.12389/2008 Pati Ram Vs. State of Rajasthan and Others 10. S.B. Civil Writ Petition No.12520/2008 Vinod Kumar Dhakad Vs. State of Rajasthan and Others 11. S.B. Civil Writ Petition No.12521/2008 Brij Mohan Sharma Vs. State of Rajasthan and Others 12. S.B. Civil Writ Petition No.12857/2008 Bhanwar Lal Gurjar @ Bhura Lal Vs. State of Rajasthan and Others 13. S.B. Civil Writ Petition No.12858/2008 Teju Ram Vs. State of Rajasthan and Others 14. S.B. Civil Writ Petition No.12859/2008 Ramji Lal Sharma Vs. State of Rajasthan and Others 15. S.B. Civil Writ Petition No.12860/2008 Birdi Chand Sharma Vs. State of Rajasthan and Others 16. S.B. Civil Writ Petition No.12862/2008 Gopal Lal Choudhary Vs. State of Rajasthan and Others 17. S.B. Civil Writ Petition No.12863/2008 Bhanwar Singh Vs. State of Rajasthan and Others 18. S.B. Civil Writ Petition No.12865/2008 Ghanshyam Das Reigar Vs. State of Rajasthan and Others 19. S.B. Civil Writ Petition No.12996/2008 Shankar Singh and Others Vs. State of Rajasthan and Others 20. S.B. Civil Writ Petition No.13015/2008 Shree Pal Kumawat Vs. State of Rajasthan and Others 21. S.B. Civil Writ Petition No.13016/2008 Suresh Chand Choudhary Vs. State of Rajasthan and Others 22. S.B. Civil Writ Petition No.13017/2008 Gopal Lal Sharma Vs. State of Rajasthan and Others 23. S.B. Civil Writ Petition No.13031/2008 Nathu Lal Pareek Vs. State of Rajasthan and Others 24. S.B. Civil Writ Petition No.13083/2008 Prabhu Lal Daroga Vs. State of Rajasthan and Others 25. S.B. Civil Writ Petition No.13098/2008 Lachcho Singh Vs. State of Rajasthan and Others 26. S.B. Civil Writ Petition No.2213/2009 Dharamveer Singh Vs. State of Rajasthan and Others 27. S.B. Civil Writ Petition No.11284/2008 Shiv Charan and Others Vs. State of Rajasthan and Others 28. S.B. Civil Writ Petition No.11445/2008 Mahaveer Singh and Others Vs. State of Rajasthan and Others 29. S.B. Civil Writ Petition No.12378/2008 Mahendra Singh Vs. State of Rajasthan 30. S.B. Civil Writ Petition No.12488/2008 Bhoodhar Singh Vs. State of Rajasthan and Others 31. S.B. Civil Writ Petition No.12489/2008 Charan Pal Singh Vs. State of Rajasthan and Others 32. S.B. Civil Writ Petition No.12490/2008 Satyabhan Singh Dhakad Vs. State of Rajasthan and Others 33. S.B. Civil Writ Petition No.12491/2008 Jai Ram Meena Vs. State of Rajasthan and Others 34. S.B. Civil Writ Petition No.12492/2008 Daulat Singh Vs. State of Rajasthan and Others 35. S.B. Civil Writ Petition No.12522/2008 Ram Ratan Vs. State of Rajasthan and Others 36. S.B. Civil Writ Petition No.12523/2008 Mukesh Kumar Vs. State of Rajasthan and Others 37. S.B. Civil Writ Petition No.12524/2008 Ramesh Chand Vs. State of Rajasthan and Others 38. S.B. Civil Writ Petition No.12525/2008 Mohan Singh Saini Vs. State of Rajasthan and Others 39. S.B. Civil Writ Petition No.12526/2008 Bane Singh Vs. State of Rajasthan and Others 40. S.B. Civil Writ Petition No.12527/2008 Shanti Swaroop Vs. State of Rajasthan and Others 41. S.B. Civil Writ Petition No.12528/2008 Rabindra Kumar Vs. State of Rajasthan and Others 42. S.B. Civil Writ Petition No.14102/2008 Jugal Kishore Gour Vs. State of Rajasthan and Others 43. S.B. Civil Writ Petition No.14103/2008 Om Prakash Sharma Vs. State of Rajasthan and Others 44. S.B. Civil Writ Petition No.14104/2008 Mohan Lal Nagar Vs. State of Rajasthan and Others 45. S.B. Civil Writ Petition No.14105/2008 Girraj Prasad Saini Vs. State of Rajasthan and Others 46. S.B. Civil Writ Petition No.14106/2008 Vinod Kumar Pareta Vs. State of Rajasthan and Others 47. S.B. Civil Writ Petition No.14107/2008 Lekhraj Malav Vs. State of Rajasthan and Others 48. S.B. Civil Writ Petition No.2187/2009 Ram Singh Vs. State of Rajasthan and Others 49. S.B. Civil Writ Petition No.2188/2009 Sandeep Kumar Vs. State of Rajasthan and Others 50. S.B. Civil Writ Petition No.2189/2009 Satish Kumar Vs. State of Rajasthan and Others 51. S.B. Civil Writ Petition No.2190/2009 Mahesh Kumar Vs. State of Rajasthan and Others 52. S.B. Civil Writ Petition No.2191/2009 Rakesh Kumar Vs. State of Rajasthan and Others 53. S.B. Civil Writ Petition No.2193/2009 Umrao Singh Vs. State of Rajasthan and Others 54. S.B. Civil Writ Petition No.2194/2009 Navneet Kumar Vs. State of Rajasthan and Others 55. S.B. Civil Writ Petition No.2195/2009 Ishwar Singh Vs. State of Rajasthan and Others 56. S.B. Civil Writ Petition No.2196/2009 Vikram Singh Vs. State of Rajasthan and Others 57. S.B. Civil Writ Petition No.2197/2009 Babu Lal Vs. State of Rajasthan and Others 58. S.B. Civil Writ Petition No.2198/2009 Satya Prakash Vs. State of Rajasthan and Others 59. S.B. Civil Writ Petition No.2199/2009 Chhagan Singh Vs. State of Rajasthan and Others 60. S.B. Civil Writ Petition No.2200/2009 Tarachand Khichad Vs. State of Rajasthan and Others 61. S.B. Civil Writ Petition No.2201/2009 Manash Kumar Vs. State of Rajasthan and Others 62. S.B. Civil Writ Petition No.2202/2009 Virendra Kumar Saini Vs. State of Rajasthan and Others 63. S.B. Civil Writ Petition No.2203/2009 Prabhu Dayal Vs. State of Rajasthan and Others 64. S.B. Civil Writ Petition No.2204/2009 Mahendra Vs. State of Rajasthan and Others 65. S.B. Civil Writ Petition No.2205/2009 Ashok Kumar Vs. State of Rajasthan and Others 66. S.B. Civil Writ Petition No.2206/2009 Mahipal Singh Vs. State of Rajasthan and Others 67. S.B. Civil Writ Petition No.2207/2009 Dinesh Kumar Vs. State of Rajasthan and Others 68. S.B. Civil Writ Petition No.2208/2009 Pitram Vs. State of Rajasthan and Others 69. S.B. Civil Writ Petition No.2209/2009 Narendra Vs. State of Rajasthan and Others 70. S.B. Civil Writ Petition No.2210/2009 Rajesh Kumar Vs. State of Rajasthan and Others 71. S.B. Civil Writ Petition No.2211/2009 Mangey Ram Vs. State of Rajasthan and Others 72. S.B. Civil Writ Petition No.2212/2009 Shishram Saini Vs. State of Rajasthan and Others Date of Order ::: 27.09.2012 Present Hon'ble Mr. Justice Mohammad Rafiq Shri S.S. Rathore, Shri Anil Kumar Garg, Shri Shailesh Prakash Sharma, Shri Akhil Simlote, Shri R.P. Vijay, Shri Rajvir Sharma, counsel for petitioners Shri Ram Kumar Sharma and Shri L.S. Shekhawat and Shri K.S. Chandel, counsel for respondents #### By the Court:-
These writ petitions have been filed by petitioners who are working with various Gram Sewa Sahakari Samiti Limited functioning under various District Central Cooperative Bank Limited. They have approached this court with the prayer that respondents be directed to screen and regularize them on the post of Sahayak Vyavasthapak/ Vyavasthapak held by them for long. Some of the petitioners have claimed further promotion. The Registrar, Cooperative Societies, Rajasthan, Jaipur, vide order dated 23.08.2008, has abolished service conditions of 2003 and issued new service conditions being Primary Agriculture Loan Cooperative Societies/Major Agriculture Multipurpose Cooperative Societies Employees, Selection, Appointment and Service Conditions, 2008, validity whereof is under challenge in these petitions. However, during the course of arguments, learned counsel for petitioners have given up challenge to validity of the Rules. What is their contention is that petitioners have been working with various cooperative societies for last 15 to 20 years and in some cases for a longer period. They should be therefore considered for screening and regularization in service in accordance with the Service Conditions of 2008 now framed by the Registrar in the objective and impartial manner. They should also be granted further promotion.
Learned counsel for the respondents, however, informed the court that substantial number of the petitioners have already been screened and regularized on the post of Sahayak Vyavasthapak and for some the process is going on.
Having regard to the fact that already steps have been taken by the respondents to scree and regularize those, who were working on the post of Sahayak Vyavasthapak for more than three years, the petitions are disposed of with following directions:-
(1) that the respondents if they have already not considered cases of petitioners for screening, shall now undertake that exercise and screen them, within three months from the date a copy of this order is served upon them;
(2) that if any of petitioners is adjudged not suitable, reasons therefor shall be communicated to him and it would be thereupon open to him to take appropriate remedy against such decision;
(3) that if any of petitioners feel dissatisfied with result of screening committee or decision taken by respondents, as to the posts on which they are claiming absorption, it shall be open to them to take appropriate remedy against the same before any legal forum;
(4) that if some petitioners have already been screened and are conveyed result thereof now, and if they feel aggrieved by their non-promotion to any higher post, they shall make a representation to the respondents within one month, which shall then be decided by respondents within three months thereafter.
All writ petitions accordingly stand disposed of.
(Mohammad Rafiq) J.
//Jaiman//132-203 All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.
Giriraj Prasad Jaiman PS-cum-JW