- (1.) In the instant writ petition, the Petitioners have made the following prayer: It is, therefore, humbly and respectfully prayed that writ petition of the Petitioners may kindly be allowed and by an appropriate writ, order or direction: (A) That, the order dated 7/13th July 2010 (Ann.-21) may kindly be quashed and set aside. (B) That, consequent to aforesaid the Respondents may kindly be directed to give to the Petitioners benefit of the Rules of 2008 on and from the date same became applicable alongwith the arrears which becomes payable. (C) That, order dated 24/25th May, 2010 (Ann. 17) passed by MD URMUL Society may kindly be quashed and set-aside. (D) Any other relief which this Hon'ble Court may deem fit may kindly be granted in favor of the Petitioner; (E) Cost of the writ petition may kindly be awarded to the Petitioners.
(2.) In the facts narrated in the writ petition, it is pleaded that in the matter with regard to fixation in the Pay Scale Rules of 1998 when the Registrar, Cooperative Societies refused to approve the resolution of Jodhpur Sahkari Upbhokta Wholesale Bhandar Ltd. in regard to its employees for fixation in accordance with Rules of 1998 on the ground that it may lead to financial burden, the same was challenged before this Court by way of filing S.B. Civil Writ Petition No. 4041/2006 in the case of Jaswant Singh Panwar and Ors. Said writ petition was allowed and against judgment passed in the writ petition, special appeal filed by the Respondents was also dismissed by the Division Bench of this Court. The controversy involved in this case is identical because the Registrar refused to grant approval to all the employees for extending them the benefit of Revised Pay Scale Rules 2008 framed as per recommendations made by the Sixth Pay Commission.
(3.) The Petitioners are employees of Uttari Rajasthan Sahkari Dugdh Utpadak Sangh (hereinafter referred to as 'URMUL'). In the URMUL society, a resolution was passed on 06.07.1988 whereby service rules of Rajasthan Dairy Federation for the purpose of recruitment and promotion were adopted. Thereafter, the benefit of fixation of pay under the recommendations of 4th Pay Commission, adopted by the State Government, was also effected and necessary fixations were made. Similarly, the Revised Pay Scale Rules 1998 came into effect and the Registrar vide order dated 13/14th July, 1998 decided to extend the benefit of the Rules of 1998 to the employees of URMUL society i.e., the Petitioners. Accordingly, the notional benefit was to be effected with effect from 01.09.1996 while the actual financial benefits were given with effect from 01.01.1997.;