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Badri Lal Sain S/O Shri Chouth Mal Ji vs The Deputy Registrar, Cooperative ... on 14 August, 2019 cites

Mahadev Singh vs State Of Rajasthan Through Pp on 27 September, 2016

However, without going into the question of law argued by learned counsel for petitioner, this court is inclined to interfere with the order dated 26th August, 2011 to the limited extent that in the light of the fact that resolution dated 7 th May, 2011 has always been acted upon for the petitioner by virtue of interim order passed by the Tribunal on 20 th February, 2013, we deem it appropriate to dispose of the present writ petitions by directing the respondents to re-visit the order dated 26 th August, 2011 strictly in accordance with law. Such order is based upon the fact (Downloaded on 06/06/2021 at 05:33:25 PM) (11 of 11) [CW-26612/2018] that petitioners have drawn all the benefits and have superannuated thereafter and any application of the Tribunal's order dated 25th June, 2015 upon the present petitioners who retired may be detrimental to their retiral benefits and future right of livelihood. Thus the respondents shall pass fresh orders strictly in accordance with law while keeping into consideration the judgments passed in Mahadev Singh (supra) and in Tej Singh Vs. Hanumangarh Central Co-operative Bank Ltd. & Ors., DB Civil Special Appeal No.52/2013, decided on 23 rd January, 2013 so as to decide as to whether interim order dated 26 th August, 2011 would be implemented for the limited purpose of the petitioners alone who have superannuated and have already taken all the benefits. Such decision shall be taken by the respondents to re- visit the order dated 26th August, 2011 qua the petitioners in the light of peculiar circumstances when the petitioners have already drawn the benefits arising out of resolution dated 7th May, 2011 in pursuance of the interim order granted on 20 th February, 2013 by the Tribunal. The decision shall be taken within a period of six months from today. It is made clear that until final decision is taken by the respondents, no recovery shall be made from the petitioners in pursuance of the Tribunal's order dated 20 th February, 2013. It is needless to say that for the purpose of future implementation of the resolution dated 7th May, 2011 for the existing employees of the society, the petitioners shall be at liberty to take a fresh resolution strictly in accordance with law.
Rajasthan High Court - Jaipur Cites 2 - Cited by 7 - M Rafiq - Full Document
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