Himachal Pradesh High Court
Vivek Thakur Son Of Sh Raj Mal vs State Of Himachal Pradesh Through on 10 December, 2021
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 10TH DAY OF DECEMBER, 2021
BEFORE
HON'BLE MR. JUSTICE SANDEEP SHARMA
CIVIL WRIT PETITION NO. 1595 OF 2019
.
Between:-
1. VIVEK THAKUR SON OF SH RAJ MAL
THAKUR, RESIDENT OF SDA
COLONY, A-1 BLOCK, FLAT NO 86,
VIKASNAGAR, SHIMLA, HIMACHAL
PRADESH. AT PRESENT POSTED AT
HEAD OFFICE (SHIMLA), THE H.P.
STATE COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK.
2. AJAY KUMAR SHARMA SON OF SH.
KISHORE CHAND SHARMA,
RESIDENT OF VILLAGE TIBBI, PO
KUTHERA, TEHSIL AND DISTRICT
HAMIRPUR, HIMACHAL PRADESH.
AT PRESENT POSTED AT HEAD
OFFICE SHIMLA, THE H.P. STATE
COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK.
3. GOPAL DASS SON OF SH JOGINDER
SINGH, VPO SPAIRU TEHSIL
PALAMPUR, DISTRICT KANGRA
HIMACHAL PRADESH. AT PRESENT
POSTED HEAD OFFICE (SHIMLA), THE
H.P. STATE COOPERATIVE
AGRICULTURE AND RURAL
DEVELOPMENT BANK.
PETITIONERS
(BY MR. B.C. NEGI, SENIOR ADVOCATE
WITH MR. NITIN THAKUR, ADVOCATE)
AND
1. STATE OF HIMACHAL PRADESH THROUGH
SECRETARY (COOPERATION) SHIMLA,
HIMACHAL PRADESH-171002.
2. THE REGISTRAR COOPERATIVE SOCIETIES
HIMACHAL PRADESH, KASUMPTI, SHIMLA,
HIMACHAL PRADESH.-171009.
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3. H.P. STATE COOPERATIVE AGRICULTURE &
RURAL DEVELOPMENT BANK LIMITED
THROUGH IT'S THE MANAGING DIRECTOR,
SHIMLA HIMACHAL PRADESH-171009.
...RESPONDENTS
.
4. ATUL CHADA SON OF LATE SH ANIL
CHADHA, RESIDENT OF VPO SIDHBARI,
TEHSIL DHARMSHALA, DISTRICT KANGRA,
HIMACHAL PRADESH. AT PRESENT
POSTED AT BRANCH OFFICE NALAGHAR,
THE H.P. STATE COOPERATIVE
AGRICULTURE AND RURAL DEVELOPMENT
BANK.
5. PRAVEEN KUMAR SON OF LATE SH LEELA
DHAR, RESIDENT OF VILLAGE KHATEWARI
PO UPPERBEHLI, TEHSIL SUNDERNAGAR,
DISTRICT MANDI H.P. AT PRESENT POSTED
AT BRANCH OFFICE NALAGARH, THE H.P.
STATE COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK.
6.
7. NITISH KUMAR SON OF SH RAMESH
KUMAR, RESIDENT OF VILLAGE BARH PO
BANIKHET TEHSIL DALHOUSIE, DISTRICT
CHAMBA, HIMACHAL PRADESH. AT
PRESENT POSTED AT BRANCH OFFICE
SUNDERNAGAR, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
8. SUNIL KUMAR SON OF DHARAM SINGH,
RESIDENT OF VILLAEGT BADAR, PO
RAKHOH, TEHSIL SARKAGHAT, DISTRICT
MANDI, HIMACHAL PRADESH AT PRESENT
POSTED AT BRANCH OFFICE
SUNDERNAGAR, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
9. NEELAM KUMARI DAUGHTER OF PYAR
CHAND, RESIDENT OF VILLAGE
BARCHHWAR, PO SURAJPUR BARI, TEHSIL
SARKAGHAT DISTRICT MANDI, HIMACHAL
PRADESH. AT PRESENT POSTED AT
BRANCH OFFICE KOTLI, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
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10. HARSHA SHARMA DAUGHTER OF SH D P
SHARMA, RESIDENT OF VIKRANT BHAWAN
LOWER CEMETERY ROAD, SANJAULI,
SHIMLA, HIMACHAL PRADESH. AT
PRESENT POSTED AT BRANCH OFFICE
THEOG, THE H.P. STATE COOPERATIVE
.
AGRICULTURE AND RURAL DEVELOPMENT
BANK.
11. PRIYANKA SHARMA DAUGHTER OF SH
ANIL KUMAR SHARMA, RESIDENT OF WARD
NO 5, VPO NADAUN TEHSIL NADAUN,
DISTRICT HAMIRPUR, HIMACHAL PRADESH.
AT PRESENT POSTED AT BRANCH OFFICE
GHUMARWIN, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
12. SUSHANT SON OF SH NAND LAL SHARMA,
RESIDENT OF VILLAGE BEHMALI PO
HATWAR, TEHSIL GHUMARWIN, DISTRICT
BILASPUR, HIMACHAL PRADESH.
AT PRESENT POSTED AT BRANCH OFFICE
ROHRU, THE H.P. STATE COOPERATIVE
AGRICULTURE AND RURAL DEVELOPMENT
BANK.
13. SAURABH CHAUHAN SON OF SH PREM RAJ
CHAUHAN, RESIDENT OF VILLAGE JOLE,
PO KIARI, TEHSIL KOTKHAI, DISTRICT
SHIMLA, HIMACHAL PRADESH. AT
PRESENT POSTED AT BRANCH OFFICE
CHIRGAON, THE H.P. STATE COOPERATIVE
AGRICULTURE AND RURAL DEVELOPMENT
BANK.
14. JYOTI DAUGHTER OF SH KASHMIR SINGH,
RESIDENT OF VILLAGE KUMARSHA, PO
PEHAD, TEHSIL DHARAMPUR, DISTRICT
MANDI, HIMACHAL PRADESH. AT PRESENT
POSTED AT BRANCH OFFICE
SUNDERNAGAR, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
15. AMIT SON OF SH TARSEM LAL, RESIDENT
OF VPO KOTHIPURA, DISTRICT BILASPUR,
HIMACHAL PRADESH. AT PRESENT
POSTED AT BRANCH OFFICE JUBBAL, THE
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H.P. STATE COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK.
16. ANUJ KUMAR SON OF SHAYAM SINGH, VPO
KAMRAU, TEHSIL KAMRAU, HIMACHAL
PRADESH. AT PRESENT POSTED AT
BRANCH OFFICE SHILLAI, THE H.P. STATE
.
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
17. AVINASH ATTRI SON OF SH BABU RAM
RESIDENT OF VILLAGE BADIALI, PO
SUNHARA, TEHSIL FATEPUR, DISTRICT
KANGRA, HIMACHAL PRADESH AT
PRESENT POSTED AT PAONTA SAHIB, THE
H.P. STATE COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK.
18. KANISHAK SHARMA SON OF DINESH
SHARMA RESIDENT OF HOUSE NO 956/5,
MOHALLA AMARPUR NAHAN, HIMACHAL
PRADESH. AT PRESENT POSTED AT
NAHAN, THE H.P STATE COOPERATIVE
AGRICULTURE AND RURAL DEVELOPMENT
BANK
19. ISHA AGGARWAL DAUGHTER OF SH
DEEPAK AGGARWAL, RESIDENT OF HOUSE
NO 202/7, NEAR ROYAL PALACE, NALIAN.
HIMACHAL PRADESH. AT PRESENT
POSTED AT NAHAN, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
20. POOJA GARG WIFE OF NITIN SINGLA,
RESIDENT OF #166, WARD NO 11. NAV
VIHAR COLONY, PO & TEHSIL PAONTA
SAHIB, HIMACHAL PRADESH. AT PRESENT
POSTED AT PAONTA SAHIB, THE H.P.
STATE COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK..
21. RAJNI DHIMAN DAUGHTER OF SH HARI
CHAND, RESIDENT OF VPO BHAGANI,
TEHSIL PAONTA SAHIB, HIMACHAL
PRADESH. AT PRESENT POSTED AT
DADAHU, THE H.P. STATE COOPERATIVE
AGRICULTURE AND RURAL DEVELOPMENT
BANK
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22. SHIVANI THAKUR DAUGHTER OF SH
NARENDER SINGH THAKUR, RESIDENT OF
HOUSE NO HIG 123, HOUSING BOARD
COLONY, PAONTA SAHIB, HIMACHAL
PRADESH. AT PRESENT POSTED AT
PAONTA SAHIB, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
.
DEVELOPMENT BANK.
23. SHIWANGI TOMAR DAUGHTER OF SADHU
RAM TOMAR, RESIDENT OF VILLAGE
GADDA BUDDHI, TODSSHAMBHUWALA,
TEHSIL NAHAN, HIMACHAL PRADESH. AT
PRESENT POSTED AT PAONTA SAHIB, THE
H.P. STATE COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK.
24. SUMIT KUMAR SON OF SH SURESH KUMAR,
RESIDENT OF VILLAGE HOUSE NO 37/1,
MOHALLA RAMKUNDI, TEHSIL NAHAN,
HIMACHAL PRADESH. AT PRESENT
POSTED AT SARAHAN, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
25. LUCKY SON OF SH RAJ KUMAR, VILLAGE
MANJHELI, PO KANGOO, TEHSIL NADAUN,
DISTRICT HAMIRPUR HIMACHAL PRADESH.
AT PRESENT POSTED AT POOH, THE H.P.
STATE COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK.
26. ABHINAY CHANDEL SON OF SH ASHOK
CHANDEL, RESIDENT OF VILLAGE BANOHA,
PO LADDA, TEHSIL GHUMARWIN, DISTRICT
BILASPUR, HIMACHAL PRADESH. AT
PRESENT POSTED AT KANDAGHAT, THE
H.P. STATE COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK.
27. ROMIN KAUSHAL SON OF SH DEEP CHAND
KOUSHAL, RESIDENT OF VILLAGE
NARWANA(KHAS), PO YOL CANTT, TEHSIL
DHARAMSHALA, DISTRICT KANGRA,
HIMACHAL PRADESH. AT PRESENT
POSTED AT ARKI, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
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28. NEELAM KUMARI DAUGHTER OF SH
PRITAM LAL, RESIDENT OF WARD NO 5,
HOUSE NO 222, NEAR BDO OFFICE, TEHSIL
GHUMARWIN, DISTRICT BILASPUR,
HIMACHAL PRADESH. AT PRESENT
POSTED ATARKI, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
.
DEVELOPMENT BANK.
29. MADHU BALA DAUGHTER OF SH BHAGI
RAM, RESIDENT OF VPO GAGRET, TEHSIL
TEHSIL GHANARI, DISTRICT UNA,
HIMACHAL PRADESH. AT PRESENT
POSTED AT KULLU, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK
30. CHANDA RANI SON OF SH RAMESH CHAND,
RESIDENT OF VILLAGE SEATI, PO VIRGAAH,
SUB-TEHSIL KOTGARH, HIMACHAL
PRADESH. AT PRESENT POSTED AT
RAMPUR, THE H.P. STATE COOPERATIVE
AGRICULTURE AND RURAL DEVELOPMENT
BANK.
31. VIVEK SON OF SH BAL KRISHAN RESIDENT
OF VILLAGE DHAR, PO & TEHSIL ANNI,
DISTRICT KULLU, LED TACHAL PRADESH.
AT PRESENT POSTED AT ANNI, THE H.P.
STATE COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK.
32. AMANDEEP SON OF SH RAMESH KUMAR,
EADER TO THE KANGRA, RESIDENT OF
VILLAGE BHOL, PO MAKRAHAN, TEHSIL
JAWALI, HIMACHAL PRADESH. AT
PRESENT POSTED AT DHARAMPUR, THE
H.P. STATE COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK.
33. ONKAR THAKUR SON OF SHRI HEM RAJ,
RESIDENT OF VILLAGE BAHAN, PO
KOTHUWAN, TEHSIL SANDHOLE, DISTRICT
MANDI, HIMACHAL PRADESH. AT PRESENT
POSTED AT THUNAG, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK
34. AKHILESH KUMAR SON OF SHRI ONKAR
CHAND, RESIDENT OF VILLAGE KOTLA.
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TEHSIL JAWALI, DISTRICT KANGRA,
HIMACHAL PRADESH.AT PRESENT POSTED
AT SWARGHAT, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
35. MUKESH KUMAR SON OF SHRI JAGDISH
.
SANDIL, RESIDENT OF VILLAGE
CHANDWAN, PO LADRAUR, TEHSIL
BHORANJ, DISTRICT HAMIRPUR, HIMACHAL
PRADESH AT PRESENT POSTED AT
BILASPUR, THE H.P. STATE COOPERATIVE
AGRICULTURE AND RURAL DEVELOPMENT
BANK.
36. SAPAN SHARMA SON OF SHRI HARJINDER
PRASAD SHARMA, RESIDENT OF #222 RAM
NAGAR, TEHSIL DHARAMSHALA, DISTRICT
KANGRA, HIMACHAL PRADESH. AT
PRESENT POSTED AT BANIKHET, THE H.P.
STATE COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK.
37. MANISHA CHAUDHARY DAUGHTER OF SHRI
BALRAJ CHAUDHARY, RESIDENT OF
VILLAGE DARI, TEHSIL DHARMSHALA,
DISTRICT KANGRA, HIMACHAL PRADESH.
AT PRESENT POSTED AT CHOWARI, THE
H.P. STATE COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK.
38. ARVINDER KAUR DAUGHTER OF SHRI
WARYAM SINGH, C/O KCC BANK, HEAD
OFFICE DHARMSHALA DISTRICT KANGRA,
HIMACHAL PRADESH. AT PRESENT
POSTED AT CHOWARI, THE HP. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK,
39. RISHAB GAUTAM SON OF SHRI OM
GAUTAM, RESIDENT OF VPO KOT, TEHSIL
GHUMARWIN, DISTRICT BILASPUR,
HIMACHAL PRADESH. AT PRESENT
POSTED AT SARKAGHAT, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
40. ALKA DAUGHTER OF TILAK RAJ PATHAK,
CADER TO RIDENT OF VILLAGE DHAR, PO &
TEHSIL ANNI, DISTRICT KULLU, HIMACHAL
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PRADESH. AT PRESENT POSTED AT ANNI
SAHIB, THE H.P. STATE COOPERATIVE
AGRICULTURE AND RURAL DEVELOPMENT
BANK.
41. NIKHIL SON OF SHRI VIDHAN SHARMA, OF
VILLAGE DEHUN, RESIDENT TEHSIL &
.
DISTRICT SOLAN, HIMACHAL PRADESH. AT
PRESENT POSTED AT RAMSHEHAR, THE
H.P. STATE COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK.
42. VIKAS SHARMA SON OF SHRI RAGHUBIR
DASS, RESIDENT OF VILLAGE REHAN,
TEHSIL NURPUR, DISTRICT KANGRA,
HIMACHAL PRADESH. AT PRESENT
POSTED AT HEAD OFFICE, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
43. SAROJANI THAKUR DAUGHTER OF SHIV
CHAND, RESIDENT OF VPO SHIRAR, TEHSIL
& DISTRICT KULLU, HIMACHAL PRADESH.
AT PRESENT POSTED MANALI, THE H.P.
STATE COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK.
44. KUNAL THAKUR SON OF SHRI JAIPAL
TANWAR, RESIDENT OF VILLAGE NAMHOL,
PO KUNIHAR, TEHSIL ARKI, DISTRICT
SOLAN, HIMACHAL PRADESH. AT PRESENT
POSTED AT NERWA, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
45. POOJA CHANDEL DAUGHTER OF SHRI
AMAR SINGH, RESIDENT OF VILLAGE
CHAKLI, PO SLAPPER & TEHSIL
SUNDERNAGAR, DISTRICT MANDI,
HIMACHAL PRADESH. AT PRESENT
POSTED AT MANDI, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
46. SANDEEP THAKUR SON OF SHRI BP
THAKUR, RESIDENT OF HNO 235, LOWER
BHIULI, TEHSIL SADAR, DISTRICT MANDI,
HIMACHAL PRADESH. AT PRESENT
POSTED AT MANDI, THE H.P. STATE
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COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK..
47. GAGAN KUMAR SON OF SHRI MELA RAM,
RESIDENT OF VILLAGE RADAHAN, PO URLA
& TEHSIL PADHAR, DISTRICT MANDI,
HIMACHAL PRADESH. AT PRESENT
.
POSTED AT JOGINDERNAGAR, THE H.P.
STATE COOPERATIVE AGRICULTURE AND
RURAL DEVELOPMENT BANK.
48. SHILPA RANA DAUGHTER OF UDHO RAM
RANA, C/O KISHPRI LAL, POO, HDFC
BANKILLAGE DHAR, PO BUL 200STRICT
KULLU, HIMACHAL PRADESH. & TEHSIL
ANNI, AT PRESENT POSTED AT
JOGINDERNAGAR, THE H.P. STATE
COOPERATIVE AGRICULTURE RURAL
DEVELOPMENT BANK. PO SAPROON,
49. VIJAY MALHOTRA SON OF SHRI. PARAS
RAM, RESIDENT OF NEAR POST OFFICE,
VPO PADHAR, TEHSIL SADAR, DISTRICT
MANDI, HIMACHAL PRADESH. AT PRESENT
POSTED AT PADHAR, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
50. KARAM CHAND SON OF SHRI. PUNU RAM,
RESIDENT OF VPO JAROL, TEHSIL
SUNDERNAGAR, DISTRICT MANDI,
HIMACHAL PRADESH. AT PRESENT
POSTED AT GOHAR, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
51. DINESH KUMAR CHAUHAN SON OF SHRI.
DALIP SINGH CHAUHAN, RESIDENT OF
VILLAGE KAMTHA, PO NIHRI, DISTRICT
MANDI, HIMACHAL PRADESH. AT PRESENT
POSTED AT KARSOG. THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
52. BHUPENDER THAKUR SON OF SHRI
BASANT LAL, RESIDENT OF VPO SARAHAN
& TEHSIL KARSOG.DISTRICT
MANDI,HIMACHAL PRADESH.AT PRESENT
POSTED AT KARSOG, THE H.P. STATE
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COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
53. MEENA KUMARI DAUGHTER OF SHRI
NARENDER THAKUR, RESIDENT OF
VILLAGE BEHRAN, PO & TEHSIL
JHANDUTTA, DISTRICT ILASPUR,
.
HIMACHAL PRADESH. AT PRESENT
POSTED AT JHANDUTTA, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
54. NEHA KUMARI DAUGHTER OF BALWANT
SINGH, VPO SIMAS, TEHSIL LAD BHAROL,
DISTRICT MANDI, HIMACHAL PRADESH. AT
PRESENT POSTED AT JHANDUTTA, THE
H.P. STATE COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK.
55. AMIT KAUSHAL SON OF DHUNI CHAND
KAUSHAL, RESIDENT OF VPO HATWAR,
TEHSIL GHUMARWIN, DISTRICT BILASPUR,
HIMACHAL
r PRADESH. AT PRESENT
POSTED AT KUMARSAIN, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
56. NALIN THAKUR SON OF SHRI VIJAY
THAKUR, RESIDENT OF THAKUR BROTHER
NIWAS, HNO 387 NH 22, WARD 01
DEONGHAT, PO SAPROOH, DISTRICT
SOLAN, HIMACHAL PRADESH. PRESENTLY
POSTED AT CHANDI, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
57. SONALI THAKUR DAUGHTER OF SHRI
PAWAN THAKUR,RESIDENT OF
HARBHAJAN NIWAS, NORTH OAK
SANJAULI, SHIMLA, HIMACHAL PRADESH.
AT PRESENT POSTED AT HEAD OFFICE,
THE H.P. STATE COOPERATIVE
AGRICULTURE AND RURAL DEVELOPMENT
BANK.
58. VAIBHAV GAUTAM SON OF SHRI LALIT
VIKRAM GAUTAM, RESIDENT OF GAUTAM
BHAWAN, BELOW BCS, VIJAYNAGAR,
SHIMLA, HIMACHAL PRADESH. AT
PRESENT POSTED AT HEAD OFFICE, THE
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H.P. STATE COOPERATIVE AGRICULTURE
AND RURAL DEVELOPMENT BANK.
59. PRIYA GULERIA DAUGHTER OF SHRI RUP S
GULERIA, RESIDENT OF VILLAGE DAYARI,
PO TILLI DISTRICT MANDI, HIMACHAL
PRADESH TEHSIL SADAR, AT PRESENT
.
POSTED AT BANJAR, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
60. SURAJ THAKUR SON OF SHRI SURJEET
THAKUR, RESIDENT OF VILLAGE KALOR,
PO OACHGHAT, TEHSIL & DISTRICT SOLAN,
HIMACHAL PRADESH AT PRESENT POSTED
AT NANKHARI, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
61. PANKAJ SON OF SHRI. KULWANT SINGH,
RESIDENT OF VPO SALAON, TEHSIL
GHUMARWIN, DISTRICT BILASPUR,
HIMACHAL PRADESH AT PRESENT POSTED
AT NANKHARI, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
62. AMAN CHAUHAN SON OF SHRI MAHAVIR
SINGH CHAUHAN, RESIDENT OF H NO 33/1,
KANDA VILLAGE KANDA, SUB TEHSIL
KOTGARH, DISTRICT SHIMLA, HIMACHAL
PRADESH AT PRESENT POSTED AT
RECKONG PEO, THE H.P. STATE
COOPERATIVE AGRICULTURE AND RURAL
DEVELOPMENT BANK.
63. VIVEK KUMAR SON OF SHYAM LAL
THAKUR, RESIDENT OF VILLAGE MAJHOLA,
PO JATHIN DEVI, TEHSIL & DISTRICT
SHIMLA, HIMACHAL PRADESH AT PRESENT
POSTED AT SUNNI, THE H.P. STATE
COOPERATIVE AGRICULTURE
DEVELOPMENT BANK. AND RURAL
DEVELOPMENT BANK.
...PERFORMA RESPONDENTS
(BY MR. SUDHIR BHATNAGAR
AND MR. DESH RAJ THAKUR,
ADDITIONAL ADVOCATES GENERAL
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WITH MR. NARINDER THAKUR AND
MR. KAMAL KISHORE &
GAURAV SHARMA,
DEPUTY ADVOCATES GENERAL
FOR R-1 AND R-2
MR. AMAN DEEP SHARMA, ADVOCATE
.
FOR R-3
MR. PARAS DHAULTA, ADVOCATE
FOR R-4 TO R-62)
Whether approved for reporting:
This petition coming on for orders this day, the court passed the following:
O R D E R
Vide Notification dated 21.1.2017, Himachal Pradesh Board of School Education, Dharamshala, invited online applications from bona fide residents of Himachal Pradesh, for filling up 113 posts of Apprentice Clerks in the Himachal Pradesh State Co-operative Agriculture & Rural Development Bank Limited (hereinafter, 'Bank') (Annexure P-2). Pursuant to aforesaid Notification, petitioners and the proforma respondents, herein applied and appeared in the written test and they all after having cleared written examination were appointed as Apprentice Clerks, in the respondent Bank in July, 2017 and since then, they have been regularly rendering their services as apprentice clerk.
2. In nutshell, the grouse of the petitioners as well as of the proforma respondents, as emerges from the petition is that as per "The H.P. State Coo. Agri. & Rural Dev. Bank Ltd. Kasumpti, Shimla-9 Scheme for engaging apprentices in the Bank" (hereinafter, 'Scheme') (Annexure P-6), their services as Apprentice Clerks were required to be absorbed in terms of Clause 10 of the Scheme), after their having cleared ::: Downloaded on - 31/01/2022 23:25:03 :::CIS 13 written test. Though, in the case at hand, documents available on record reveal that petitioners cleared written test in June, 2018 (written test held on 18.4.2018) but yet they were not absorbed in terms of Clause 10 of the Scheme, as has been taken note herein above and as such, they all were .
compelled to approach this court in the instant proceedings, praying for following main reliefs:
"I. That the Petitioners be given regular employment from the date of passing the test after completing the training period with all consequential benefits; or/and II. That the period served as apprentice till date may be counted for service benefits the regularization of the Petitioners."
3. Having heard learned counsel for the parties and perused material available on record this court finds that there is no dispute inter se parties that the petitioners and the proforma respondents, herein were selected as Apprentice Clerks in the year 2017, and they, after having completed training were subjected to written test in 2018, which they cleared in the year 2018 itself. It is also not in dispute rather evident from careful perusal of the Scheme that the Apprentices so engaged though shall have no right of regularization in Bank, but after completion of training, they would be subjected to a written test conducted by the Bank and in case of clearance of test, they all shall be absorbed in the Bank against vacant posts of clerical cadre. At this stage it would be apt to take note of Clause 10 of the Scheme, which reads as under:
"10) Right of regularization:-
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Supervisor/Office Asstt./within the sanctioned strength, as provided under the Bank Employees Service Rul 4(e)."
4. In the case at hand, all the petitioners and the proforma respondents, after having completed training, appeared in the written test held on 18.4.2018 and cleared the same in the year 2018 itself but yet they were not absorbed on contract basis in the respondent Bank.
5. Though, the petitioners and proforma respondents have claimed regularization in terms of the Scheme, but after having carefully perused the Scheme and background, in which the Scheme came to be formulated, this court finds force in the submission of learned counsel for the respondent Bank that the Scheme was only formulated to engage apprentices on contract basis and, if it so, prayer for regularization made in the instant petition on behalf of the petitioners, cannot be accepted, however, as per Clause 10 of the Scheme, respondent bank is/was under
obligation to absorb petitioners and proforma respondents in the clerical cadre in respondent-Bank after their having cleared the written test, which they cleared in June, 2018.
6. This court finds from record that on 11.8.2020, learned counsel for the respondent Bank stated that as per instructions imparted to him, case of the petitioners/proforma respondents for absorption has been finalized in the Board meeting however, this court adjourned the matter to ::: Downloaded on - 31/01/2022 23:25:03 :::CIS 15 19.8.2020 with direction to the learned counsel for the respondent to place on record decision of the Board.
7. Accordingly on 19.8.2020, copy of resolution No. 18, passed by the Board of Directors in its meeting held on 22.7.2020, was placed on .
record, perusal reveals that the Board of Director resolved to convert the services of Apprentice Clerks on contract basis with effect from 4.6.2018 but on notional basis.
8. Though, the main grievance of the petitioners with regard to their absorption on contact basis in the clerical cadre stands redressed but only controversy, which remains to be decided is with regard to the financial benefits. In the case at hand, respondent Bank has given petitioners and the proforma respondents consequential benefits pursuant to their having been absorbed on contract basis with effect from 1.8.2020 , which action of the Bank does not appear to be correct and as such, needs to be rectified in accordance with law. Once respondent Bank itself decided to absorb services of the petitioners and proforma respondents on contract basis in the clerical cadre, with effect from 4.6.2018 in terms of Clause 10 of the Scheme, it could not have denied actual benefits attached to the post for two years.
9. Otherwise also it is not in dispute that the petitioners and the proforma respondents after clearing written test had become eligible for absorption on contact basis against the posts of Apprentice Clerks in the year 2018 itself and as such, such benefits ought to have been given to the petitioners and the proforma respondents from that date. However in the case at hand, though the respondent Bank has given notional benefits ::: Downloaded on - 31/01/2022 23:25:03 :::CIS 16 with effect from 4.6.2018 but no plausible reason, has been rendered for not granting them the actual benefits, which action cannot be allowed to sustain.
10. Consequently, in view of detailed discussion made above, .
present petition is allowed and the respondent Bank is directed to grant actual benefits attached to the posts, against which the petitioners and the proforma respondents have been absorbed, in the clerical cadre, with effect from 4.6.2018. Since the petitioners and the proforma respondents, have been fighting for their rightful claim for the last two years, this court hopes and trusts that needful shall be done expeditiously, preferably within a period of six weeks, failing which respondent would be liable to pay interest at the rate of 6% on the arrears.
11. The petition stands disposed of in the afore terms alongwith all pending applications.
(Sandeep Sharma) Judge December 10, 2021 (Vikrant) ::: Downloaded on - 31/01/2022 23:25:03 :::CIS