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2016 Supreme(Raj) 82

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN, BENCH AT JAIPUR
MOHAMMAD RAFIQ And SABINA, JJ.
SMT. BEENA @ MEENA SHARMA – Appellant
Versus
STATE OF RAJASTHAN & ORS. – Respondent
D.B. CIVIL SPECIAL APPEAL(WRIT) NO.1303/2014 IN S.B. CIVIL WRIT PETITION NO.5555/2013
Decided On : 26-04-2016

Advocates Appeared:
For the Appellant : Mr. Mahendra Sharma
For the Respondent: Mr. Manoj Bhardwaj

Headnote:

Labour Law - Constitution of India, 1950 – Payment of Gratuity Act, 1972 - Urban Cooperative Bank Employees Service Rules, 2006 – Rules 18,19 and 20 - Workmen - Compassionate appointment – Gratuity - Family pension – Seeking direction to said Bank to give her compassionate appointment in place of her deceased husband who died while in their service - She also prayed for a direction to grant her family pension - Petitioner/appellant submitted an application for compassionate appointment to the respondents - She thereafter sent reminders to the respondents - She also submitted requisite documents i.e. affidavits and mark-sheets etc. However, she has yet not been given appointment on compassionate ground – Held, According to Rule 18 of Rules of 2006, the conditions relating to pay and allowance, Dearness Allowance, House Rent Allowance, Medical Benefits and Travelling Allowance and any Special Allowance, shall be governed by the orders issued by the Registrar, Cooperative Societies, Rajasthan from time to time and adopted by the Board of Directors. According to Rule 19, the Provident Fund Act has been made applicable and the employees of the bank shall be entitled to the benefits of GPF on basic pay and dearness allowance as also the bonus - Benefit of encashment of Privilege Leave on retirement has also been made admissible under the Rajasthan Service Rules - Shareholding alone may not be a decisive factor for deciding the status of the respondent-Bank and the State Government has otherwise been shown to exercise all pervasive control over the respondent-Bank, which certainly is an instrumentality - Appeal succeeds and is allowed

ORDER :

RAFIQ, J.

This appeal is directed against the judgment of the learned Single Judge dated 14.05.2013, whereby the writ petition (No.5555/2013) filed by the appellant has been dismissed on the ground that respondent Alwar Urban Cooperative Bank Limited does not fall within the purview of State under Article 12 of the Constitution of India.

2. The appellant/preferred the aforesaid writ petition seeking direction to the said Bank to give her compassionate appointment in place of her deceased husband late Shri Sushil Kumar Sharma, who died while in their service. She also prayed for a direction to grant her family pension.

3. We have heard the learned counsel for the parties for final disposal of the appeal.

4. Shri Mahendra Sharma, learned counsel appearing for the appellant has argued that the husband of the appellant was confirmed in service w.e.f. 01.01.1998 vide order dated 09.05.1998. The said order was issued in compliance of the award passed by the Labour Court on 24.02.1998. Unfortunately, the husband of the appellant died while in service on 09.06.201

1. The petitioner/appellant submitted an application for compassionate appointment to the respondents on 23.06.2011. She thereafter sent reminders to the respondents on 27.02.2012 and 15.03.2012. In answer to the querries made by the respondents, she also submitted the requisite documents i.e. affidavits and mark-sheets etc. However, she has yet not been given appointment on compassionate ground.

5. Shri Mahendra Sharma, learned counsel for the appellant argued that the Registrar, Cooperative Department exercises all pervasive control over the Alwar Urban Cooperative Bank for all matters. The Joint Registrar/Deputy Registrar/Assistant Registrar having the jurisdiction of the area of Alwar District to exercise supervisory control over the said Bank. The appellant has placed on record a copy of the order dated 21.02.2006, issued by the Registrar, Cooperative Societies, Rajasthan, Jaipur, which reveals that the State Government framed the Urban Bank Employees Rules, 2006 and the service conditions of the employees of the Urban Cooperative Bank are governed under the said Rules. It is submitted that the Registrar, in exercise of powers conferred under Rule 39 of the Rajasthan Cooperative Societies Rules, 2003, has issued the aforesaid order in supersession of earlier Rules dated 18.08.1987 and issued new set of Rules, titled Urban Cooperative Bank Employees Service Rules, 2006 (hereinafter referred to as 'the Rules of 2006') with immediate effect.

6. Learned counsel for the appellant further submitted that Rule 6 of the Rules of 2006 deals with methods & procedure of recruitment and provides that in case of death of an employee, compassionate appointment to his/her ward could be granted as per the provisions of Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules, 1996. All the monetary service benefits such as gratuity, leave encashment, selection scale etc. have granted to the employees of the respondent-Bank at par with the employees of the State Government. The disciplinary proceedings against the delinquent employees of the Bank are undertaken under the Rules framed by the State Government.

7. Learned counsel has referred to the aforesaid Urban Cooperative Bank Employees Service Rules, 2006 and submitted that appointment are made on the recommendations of the Selection Committee, which necessarily has to have one nominee of the State. In fact, appeal against the order of penalty passed by the Board of Director lies to the Registrar, Cooperative Societies, Rajasthan, Jaipur. All employees of the Bank are entitled to the benefit of Dearness Allowance, House Rent Allowance, Medical Benefits, Travelling Allowance as also Provident Fund and Bonus as per rules applicable to the employees of the State Government. It is further provided therein that ex-gratia may be paid as per the orders of the Registrar, Cooperative Societies with the approval of




























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