Ashok Parihar, J. - (1.) There is no dispute that the petitioner was appointed by the respondent, The Bharatpur Central Cooperative Bank, Bharatpur vide order dated 12.2.1962. The services of the petitioner were also confirmed by the respondent Bank vide order dated 18.12.1970 and on reaching the age of superannuation, the petitioner was also retired from service by an order dated 30th September, 1997 issued by the respondent Bank only. It is also not disputed that the respondent Bank is controlling the funds of the other credit societies where the petitioner had been posted by the respondent Bank. There is also no dispute that such Vyavasthapak could be transferred from one credit society to another credit society by the respondent bank only.
(2.) Under the circumstances, I find no justification whatsoever to deny the pensionery benefits to the petitioner. The objection taken by the respondent Bank that the petitioner is not their employee cannot be sustained in view of the facts and circumstances narrated above. From whatever funds the petitioner had been paid his salary and other benefits, the pensionary benefits can also be paid from the same funds, moceso, when the amount of gratuity has already been paid to the petitioner by the respondent Bank.
(3.) Accordingly, the writ petition is allowed. The respondent Bank is directed to make the payment of pension and other retiral benefits to the petitioner in accordance with relevant rules with arrears within thirty days from the date of receipt of certified copy of this order. So far as amount of provident fund as claimed by the petitioner is concerned, since the matter is sub-judice before this Hon'ble Court on the point of applicability of the Act on the credit societies, the petitioner can always claim the benefit of provident fund as per directions of this Court if the circumstances so arise. There is no dispute that revision of pay scale and selection scale has also been allowed to Vyavasthapak of the credit societies. That being so, the respondent may also consider the case of the petitioner and pass necessary orders giving benefit of revised pay scale and selection scale in accordance with law within the period mentioned above and arrears thereof may also be paid within thirty days thereafter. The respondent Bank shall also pay a cost of Rs. 10,000/- to the petitioner along with arrears as referred above.;