Rajasthan High Court - Jodhpur
Nitin Kumar Agarwal & Ors vs State Bank Of India & Ors on 16 November, 2017
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 6462 / 2017
1. Nitin Kumar Agarwal S/o Gordhan Lal Ji, Aged About 32 Years,
R/o- Mukam Post- Vasa, Tehsil Pindwada, District Sirohi (Raj.)
2. Jaswant Kumar Parihar S/o Dhana Ram, Aged About 36 Years,
R/o V/p Bhimda, Teshil Baytu District Barmer.
3. Shri Govind Singh Sarangdevot S/o Naryan Singh Sarangdevot,
Aged About 37 Years, R/o VPO, Dhartaroad Gaytri Nagar, Bhindar
Teshil Vallabhnagar, District Udaipur.
4. Shri Mukesh Kumar S/o Sh. Madan Lal, Aged About 24 Years,
R/o V/P, Jakhda, Teshil Ginda District Barmer.
5. Shri Arjun Kumar S/o Shankar Lal Rajpurohit, Aged About 27
Years, R/o Ranawatvas Kacholi, Teshil Pindwada District Sirohi.
6. Shri Jitendra Kumar Upadhyaya S/o Bhanwar Lal, Aged About
25 Years, R/o Village Neemdi Post Charagediya Teshil
Valabhanagar District Udaipur-313603.
7. Shri Mukesh Kumar Gamar S/o Dadam Chand, Aged About 26
Years, R/o Aamliya Teshil Jhadhol, District Udaipur.
8. Shri Banshi Lal Kajota S/o Amratlal Ji, Aged About 30 Years,
R/o Karel Post Amaliya Teshil Jhadhol District Uaipur-313701.
9. Shri Prem Chand Khokariya S/o Dubla Ji, Aged About 33 Years,
R/o Upali Singari Post Ni.0 Singari Teshil Bheijail Uaipur
(Rajasthan).
10. Shri Basntilal S/o Veermal Ji Wadera, Aged About 30 Years,
R/o Sada Post Nichali Sigari Teshil Jhadhol District Udaipur
(Rajasthan)
11. Shri Devil Lal S/o Ramaji Kharadi, Aged About 40 Years, R/o
Bhamti Post Som Tehsil Jhadol, Udaipur (Raj.)
12. Shri Babulal Gayri S/o Nand Lal Ji Gayri, Aged About 26 Years,
R/o V.P Maharaj Sg Khedi P.S. Debok, Tehsil Vallabnagar, District
Udaipur (Raj.)
13. Shri Mahesh Chandra Suthar S/o Prem Shankar Ji Suthar,
Aged About 25 Years, R/- O M.P- Salro Kala Tehsil Mavli, District
Udaipur (Raj.)
14. Shri Prakash Chandra Wadera S/o Vesha Ram, Aged About 32
Years, R/o Kheda Adkalia Tehsil Jhadhol, District Udaipur.
15. Shri Udaylal Meghwal S/o Gokal Ji Meghwal, Aged About 50
Years, R/o Chaar Gadiya, Tehsil Vallabnagar, District Udaipur (Raj.)
(2 of 7)
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16. Shri Mahesh Chandra Aameta S/o Gopal Ji, Aged About 45
Years, R/o Mukam Post - Gadoli Tehsil Mawli, District Udaipur (Raj.
17. Shri Mohan Gupta S/o Lakma Ji Gayri, Aged About 45 Years,
R/o Mukam Post Sinvrath, District Sirohi.
18. Shri Nimba Ram Sain S/o Ambalal Sain, Aged About 44 Years,
R/o Mukam Post Siyawa, Tehsil- Aburoad, District Sirohi.
19. Shri Bhimaram S/o Jagaram, Aged About 28 Years, R/o
Mukam Post Dak Revdar, District Sirohi (Raj.)
20. Shri Dinesh Kumar S/o Agraji, Aged About 29 Years, R/o
Mukam Post Lunol Tehsil Revdar District Sirohi (Raj.)
21. Shri Mahendra Singh S/o Chagan Singh Ji, Aged About 22
Years, R/o Mukam Post Siner Tehsil Siwana, District Barmer.
22. Shri Dungar Singh S/o Vishan Singh, Aged About 26 Years,
R/o Mukam Post Gudanal, Tehsil Siwana, District Barmer.
23. Shri Hukamaram Meghwal S/o Beejaram, Aged About 26
Years, R/o Mukam Post Meli, Tehsil Siwana, District Barmer.
24. Shri Mahendra Bhatiya S/o Nimbaram Bhatiya, Aged About 28
Years, R/o Village Post Chittar Ka Park, Tehsil Baytu, District
Barmer.
25. Shri Pemaram Choudhary S/o Sheraram, Aged About 35
Years, R/o Purvi Matasar Burtiya Kawas Tehsil Barmer, District
Barmer.
26. Shri Megharam S/o Lalaram, Aged About 28 Years, R/o V/p
Dhunda Kawas Vaya Kawas Tehsil. District Barmer
27. Shri Vinod Kumar S/o Madan Lal, Aged About 24 Years, R/o
Gram Panchayat Samdadi Station Rani Desipura. District Barmer
28. Shri Dinesh Kumar S/o Ghewar Chand, Aged About 26 Years,
R/o V/p Thapan Tehsil Siwana, District Barmer.
29. Shri Kalu Singh Sarangdevot S/o Bhanwar Singh, Aged About
27 Years, R/o Gopalpura Bhinder District Udaipur.
30. Shri Suresh Kumar S/o Bheema Ram, Aged About 23 Years,
R/o Kusip Teshil Siwana District Barmer.
31. Shri Dharmaram @ Dharma Kalbi S/o Jivaji, Aged About 34
Years, R/o Mukam Post Dhanari Tehsil Pindwada District Sirohi.
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32. Shri Ishwar Singh Aada S/o Govind Singh, Aged About 40
Years, R/o Mukam Post Odha, Tehsil Sirohi, District Sirohi
33. Shri Ganesh Lal S/o Bhanwar Lal Dangi, Aged About 45 Years,
R/o Ward No. 1 Ranchhorpura, District Udaipur.
34. Shri Madan Salvi S/o Babu Lal, Aged About 29 Years, R/o
Karanpur Tehsil Vallabhnagar, District Udaipur.
35. Shri Dinesh Teli S/o Nand Lal, Aged About 30 Years, R/o
Sindhu Mawli, District Udaipur.
36. Shri Nagraj Soni S/o Narayan Das, Aged About 28 Years, R/o
Sindhari Charnan, Tehsil Sindhri, District Barmer.
37. Shri Ashok Kumar S/o Dungarram, Aged About 23 Years, R/o
Sindhari Choseera, Tehsil Sindhari, District Barmer.
38. Shri Damaram S/o Ghamaram, Aged About 22 Years, R/o
Panyla Khurd, Tehsil Sindhari, District Barmer.
39. Shri Praveen Kumar S/o Mohan Lal, Aged About 32 Years, R/o
Panyla Kalla Tehsil Sindhari, District Barmer.
40. Shri Ratana Ram S/o Taga Ram, Aged About 30 Years, R/o
Sanpa Manji Tehsil Sindhari, District Barmer.
41. Shri Thanaram S/o Mela Ram, Aged About 24 Years, R/o
Goliya Siwana, Tehsil Siwana, District Barmer.
42. Shri Champa Ram S/o Jetha Ram, Aged About 24 Years, R/o
Sankhlo Ki Dhani, Tehsil Phachpdra, District Barmer.
43. Shri Bala Ram S/o Girdhari Ram, Aged About 29 Years, R/o
Araba Dudawta, Tehsi, Phachpdra, District Barmer.
44. Shri Swani Ram S/o Khema Ram, Aged About 27 Years, R/o
Goal Station, Pachpadra Tehsil Pachpadra. District Barmer
45. Narendra Singh S/o Panne Singh, Aged About 22 Years, R/o
Rawada Maiya, Tehsil Pachpadra District- Barmar.
46. Sumer Singh S/o Shri Shetan Singh, Aged About 31 Years, By
Caste- Rajput, R/o- V.P.- Chakder, Sointra, Sergarh, Dist.- Jodhpur
(Raj.)
47. Narayan Ram S/o Shri Kishna Ram, Aged About 40 Years, R/o-
Jati Bhandu, Shergarh (Raj.) District Jodhpur
48. Heer Singh S/o- Sang Singh, Aged About 30 Years, By Caste-
R/o- Khirjan Khas, Tehsil Shergarh, Dist.- Jodhpur (Raj.)
49. Arjun Singh S/o- Mohan Singh, Aged About 24 Years, By
(4 of 7)
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Caste- Rajput, R/o- V.P. Tena, Tehsil- Shergarh, Dist.- Jodhpur
(Raj.)
50. Nag Singh S/o- Hukam Singh, Aged About 29 Years, By Caste-
Rajput, R/o- Hanwant Nagar, Tehsil Shergarh, Dist- Jodhpur (Raj.)
51. Kesa Ram S/o Bora Ram, Aged About 28 Years, By Cast- Jat,
R/o Charni Bhandu, Tehsil Shergarh, Dist.- Jodhpur (Raj.)
52. Isak Khan S/o Sadik Khan, Aged About 28 Years, By Caste-
Muslim, R/o- Sai, Sabarsar Tehsil Shergarh, Dist. Jodhpur (Raj.)
53. Sharwan Puri S/o Shri Manak Puri, Aged About 27 Years, R/o-
Barnau, Balesar, Dist.- Jodhpur (Raj.)
54. Bhagwat Singh S/o- Shri Roop Singh, Aged About 29 Years, By
Caste- Rajput, R/o- V.P.O.- Chandana (Siyana), Jalore.
55. Govind Ram S/o- Shri Pratap, Aged About 49 Years, By Caste-
Prajapat, R/o- V.P.O Doodsi (Bagra) Jalore.
56. Ramesh Kumar S/o Shri Peepa Ram, Aged About 42 Years, By
Caste- Meghwal, R/o- V.P.O. Akoli (Bagra) Jalore.
57. Virendra Parihar S/o Shri Baga Ram, Aged About 22 Years, By
Caste- Meghwal, R/o- V.P.O. Narnawas (Bagra), Jalore.
58. Manaram S/o Shri Fuya Ram, Aged About 25 Years, By Caste-
Rebari, R/o- V.P.O. Boraj (Bhinmal) Jalore.
59. Dinesh Kumar S/o Shri Chataa Ram, Aged About 28 Years, By
Caste- Meghwal, R/o- V.P.O. Jujani Rode, Bhinmal, Jalore.
60. Polaram S/o- Shri Dalaram, Aged About 42 Years, By Caste-
Meghwal, R/o- PPO_ Ledarmer (Kotkasta) Bhinmal, Jalore.
61. Aidan Ram S/o- Shri Jetha Ram, Aged About 37 Years, R/o-
Matoda, Osian, Dist.- Jodhpur
62. Shrikishan S/o- Shri Rajaram, Aged About 40 Years, R/o- V.P.
Chandrakh Baori, Dist.- Jodhpur.
63. Ganpat Lal S/o- Shri Babu Lal, Aged About 36 Years, R/o- V.P.-
Jalely Daikara, Tehsil Osian, Dist.- Jodhpur.
64. Pemp Singh S/o- Shri Ganpat Singh, Aged About 30 Years,
R/o-V/P- Rajmalwara, Osian, Dist.- Jodhpur.
65. Bhura Ram S/o- Shri Gokal Ram, Aged About 38 Years, By
Caste- Bara Khurd, Baori, Dist.- Jodhpur.
66. Jagdish Godara S/o- Shri Magaram, Aged About 30 Years, R/o-
Parasala, Teh.- Osian, Dist.- Jodhpur (Raj.)
(5 of 7)
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67. Kanwara Ram S/o- Shri Jaita Ram, Aged About 46 Years, R/o-
Basni Lacha, Daijar. Dist. Jodhpur
68. Mohan Ram S/o. Shri Dhana Ram, Aged About 41 Years, R/o-
Daikara, Jodhpur (Raj.)
----Petitioners
Versus
1. The State Bank of India Through Its Chairman, Corporate
Centre, Navy Mumbai, 400614.
2. The Chief General Manager, (FI & MF) Corporate Centre, Navy
Mumbai, 400614.
3. The General Manager, (F.I) State Bank of India, C-Scheme,
Tilak Marg, Jaipur.
4. The Deputy General Manager, (Outreach) Administrative and
Business Unit, C- Scheme, Tilak Marg, Jaipur.
5. The Deputy General Manager, (B&O) Administrative and
Business Office, C- Scheme, Tilak Marg, Jaipur.
6. The Assistant General Manager, State Bank of India, A-3,
Shastri Nagar, Jodhpur Zone, Jodhpur
----Respondents
_____________________________________________________
For Petitioner(s) : Mr. Sukesh Bhati
For Respondent(s) : Mr. Shridhar Mehta for
Dr. Sachin Acharya
_____________________________________________________
JUSTICE DINESH MEHTA
Order
16/11/2017
IA No.5746/2017.
The respondent - Bank has moved the present application
for dismissal of the writ petition as having been rendered
infructuous.
The applicants have averred in the application that the
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Circulars dated 12.04.2017 and 19.05.2017 on issuance whereof,
the petitioners have approached this Court by way of filing the
present writ petition have been withdrawn by the respondent -
Bank vide its letter/Circulars dated 06.10.2017.
Mr. Shridhar Mehta on behalf of Dr. Sachin Acharya,
appearing for respondent - Bank submits that a bare look at the
prayer Clause-c of the writ petition reveals that the petitioners'
immediate cause of concern for approaching the Court was these
two Circulars dated 12.04.2017 and 19.05.2017, but after
issuance of the Circular dated 06.10.2017, the petitioners should
not have any apprehension of withdrawal of their existing
arrangement.
He further submits that on withdrawal of above referred two
Circulars, the petitioners would be continuing on their existing
arrangement in terms of their agreement.
Despite the above statement, learned counsel for the
petitioners submitted that there are other prayers also, for which
the petition be continued.
After hearing learned counsel for the parties, since
petitioners immediate grievance has been redressed, this Court
does not find any reason to continue the present writ petition, for
the reliefs (a) and (b) which are being reproduced hereunder :-
"(a) The respondents may be directed to continue the
petitioners on the post of Business Correspondent [BC]
directly as are/were continuing for last many years and
(b) The respondents may be directed not to terminate
the services of the petitioners so as to replace
contractual employees by other set of employees."
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In considered opinion of this Court for the above two reliefs
(a) and (b), no writ can be issued granting such declaration. The
petitioners should approach the appropriate forum/authority in
accordance with law, for the declaration sought by them.
In view of the above, the instant writ petition is dismissed as
having become infructuous. The petitioners shall be free to take
appropriate remedies against the future action, putting their
arrangement to peril, in accordance with law.
(DINESH MEHTA), J.
Himanshu/- 61