HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Contempt Petition No. 4/2006

1.

Kajod Mal Sharma S/o Shri Bhona Ram Sharma, R/o B-

15, Mother Teresa Nagar, In Front Of Sector-6, Malaviya

Nagar, Jaipur

2.

Kunwar Chand Solanki S/o Shri Mahi Chand Solanki, R/o

Janakpuri-Ii, Jmaliwala Phatak, Jaipur

3.

Krishna Kumar Chandel S/o Shri Suwa Lal Chandel, R/o

Kailash Bhawan, Near Navgarh Temple, Purani Basati,

Jaipur

4.

Vivek Kumar Soral S/o Shri P.k. Soral, R/o 42/31/3,

Madhya Marg, Mansarowar, Jaipur

----Petitioners

Versus

1.

Shri Atul Kumar Garg, Secretary to The Government,

Cooperative Department, Rajasthan, Secretariat, Jaipur

2.

Shri Sudhanshu Pant, Registrar, Cooperative Societies,

Nehru Sahkar Bhawan, 22 Godown, Jaipur

3.

4.

Shri Vijai Kumar Sharma, Administrator, Sahakari

Upbogta Bhandar University Of Raj Campus, Jaipur

Jai Singh Choudhary Manager, Rajasthan University

Sahkari Upbhokta Bhandar Limited, University Of

Rajasthan Campus, Jaipur.

5.

Shri Atul Kumar Garg, Secretary To The Govt.,

Cooperative Department, Raj, Secretariat, Jaiupr

6.

Shri I.P. Sakarwal, Liquidator Of The Rajasthan University

Sahkari Upbhokta Bhandar Limited, University Of

Rajasthan Campus, Jaipur And Deputy Registrar,

Cooperative Societies, Jaipur Rural, VI-Floor, Mini

Sachivalaya, Banipark, Jaipur

----Respondents

For Petitioner(s)

:

Mr. Ram Kumar Sharma through V.C.

For Respondent(s)

:

Mr. S.S. Raghav, AAG through V.C.

Mr. Dheeraj Palia on behalf of Mr. R.B.

Mathur through V.C.

(2 of 4)

[CCP-4/2006]

HON'BLE MR. JUSTICE SUDESH BANSAL

Order

24/01/2022

This contempt petition has been filed alleging disobedience/non-

compliance of order dated 21.10.2005 passed in S.B. Civil Writ Petition

No. 6120/2003 (titled as Kajod Mal Sharma & Ors. Vs. State of Rajastha

& Ors.). As per record, it appears that petitioners were employees of

Sahakari Upbhokta Bhandar, University of Rajasthan, Jaipur which is an

autonomous registered society and responsible for payment of salaries,

allowances and other benefits to its employees.

As per order dated 21.10.2005, petitioners were held entitled for

their salaries of four years prior to February 2001 and for other dues

alongwith interest at the rate of 10% on the entire amount plus

10,000/- costs to each of petitioners. In the writ petition, Sahakari

Upbhokta Bhandar, University of Rajasthan, Jaipur was party through its

General Manager and the Administrator were respondent Nos.3 and 4.

The state of Rajasthan through Secretary, Cooperative Department and

the Registrar Cooperative Society were also party as respondent No.1

and 2.

Respondent Nos.1 and 2 assailed the order dated 21.10.2005 by

filing D.B. Special Appeal No.228/2006 and the Hon’ble Division Bench

vide order dated 11.01.2007 passed in said Special Appeal, has clearly

observed that though petitioners employees are entitled to receive

payment, but the respondent Nos.1 and 2 State of Rajasthan through

Secretary Cooperative Society and Registrar, Cooperative Society are

under no obligation to make payment and petitioners may pursue for

recovery of their due salaries against respondent Nos.3 and 4 i.e.

Sahakari Upbhokta Bhandar, University of Rajasthan, Jaipur.

(3 of 4)

[CCP-4/2006]

Respondent Nos.3 and 4 have filed reply to contempt Petition

alleging inter alia that out of available funds petitioners were paid

substantial amount of Rs.1,90,776/- in compliance of the order dated

21.10.2005, and although all efforts were made to make due payments

to petitioners, however the Cooperative Society is under liquidation, and

is under control and supervision of Administrator and then liquidator. It

has been stated in reply that process of winding up of Cooperative

Society, in accordance with Section 61 to 66 of Rajasthan Cooperative

Society Act, 2001 and Rules 58, 81 and 82 of Rajasthan Cooperative

Society Rules 2003 may