[2025:RJ-JP:50320]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 3296/2023 Rajiv Chaurasia S/o Lt. Shri Shiv Kumar, R/o 396/101, Gali No.

4, New Basti, Lohakhan, Ajmer (Raj.)

----Petitioner Versus

1. The Central Cooperative Bank Limited, Ajmer, Through Its Chairman.

2. The Managing Director, Central Cooperative Bank Limited, Ajmer.

3. The Registrar, Cooperative Societies, Nehru Sahkar Bhawan, Bhawani Singh Marg, Jaipur.

----Respondents For Petitioner(s) : Mr. Vinod Kumar Singhal For Respondent(s) : Mr. Hansraj Kuldeep AGC HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

10/12/2025

1. This writ petition has been filed by the petitioner with the following prayer:-

“(1) By an appropriate writ, order or direction. the respondent bank may kindly be directed to make fresh fixation(correct fixation) in the pay scale of Rs. 3020-7980 from the date of absorption as per the terms and conditions of the 13th Pay Agreement dated 20.10.2008 and then grant him benefit of pay fixation at the 6490 taking into scale pay consideration his basic pay of Rs. 4850 from of Rs. the date of his absorption in the respondent bank and pay him all payable arrears with interest and the order dated 15.6.2015 may be directed to modified accordingly.

(2) By an appropriate writ, order or direction, the respondent bank may kindly be directed to make fresh fixation in the pay scale of Rs. Pay Agreement dated 7935-20965 in the 14th 12.6.2015 and then pay him benefit of pay fixation at the pay scale of Rs. 17045 taking into consideration his pay scale of Rs. 6490 in the 13th Pay Agreement and pay him all payable arrears with interest and the order dated 10.5.2016 may be directed to modified accordingly.

(3) By an appropriate writ, order or direction, the respondent bank may kindly be directed to make payment of arrears to the petitioner forthwith along with inters @ 18% per annum from the date same had became due till the date of payment and the respondents may kindly be restrained from making any recovery of any amount from the pay of the petitioner. And if amount has been recovered from the petitioner same may be refunded him with any interest.”

2. During course of arguments, learned counsel for petitioner submits that the issue raised herein is already considered and decided by a Co-ordinate Bench of this Hon’ble Court at Principal Seat in case of Narendra Kumar Vs. The Central Cooperative Bank Ltd. And Anr. SB CWP No.7758/2011 decided on 10.07.2015 with several connected matters and upheld by order dated 06.04.2016 by a Division Bench at Principal Seat in DB Civil Special Appeal (writ) No.861/2015 and other connected matters. He further submits that the petitioner may be granted permission to file an appropriate representation to the respondents-Authority to consider and resolve his grievances, in light of aforementioned ratio.

3. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents-Authority within a period of 30 days raising all grounds, in particular in light of ratio laid down in aforementioned cases and the respondents-Authority are directed to consider and decide the representation after enquiry about grievances, in light of ratio as mentioned hereinabove but in case of deviation with a reasoned and speaking order within a period of 30 days from date of receipt of representation. After the decision, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in his representation. If the petitioner is still aggrieved, he is at liberty to approach this Court with fresh petition.

4. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of.

(ASHOK KUMAR JAIN),J PREETI VALECHA /116