- (1.) To question correctness of the judgment dated July 10, 2015 in a batch of writ petitions led by SB Civil Writ Petition No. 10043/2010, Natwar Lal v/s. The Central Cooperative Bank Ltd. & Ors., these appeals are preferred. By the judgment impugned learned Single Bench while accepting the writ petitions directed the appellant respondent to make fixation of the respondent petitioners in the pay scale of Rs. 3390 -14550 from the date they were absorbed in service of the appellant bank.
(2.) The submission of learned counsel appearing on behalf of the appellant is that the learned Single Bench failed to appreciate that the direction given by the Registrar, Cooperative Societies while exercising powers under Rule 39(1) of the Rajasthan Cooperative Societies Rules, 2003 (hereinafter referred to as 'the Rules of 2003') was only to protect pay of the persons absorbed in service of the bank by awarding personal pay and not for making their fixation in the revised pay scales. According to learned counsel the direction given is running contrary to the order passed by the Registrar exercising the statutory authority.
(3.) The factual matrix necessary to be noticed is that the respondent petitioners, while in employment of the Rajasthan State Cooperative Spinning and Ginning Mill Federation Limited (SPINFED) commonly known as Tilam Sangh, were sent on deputation to different cooperative institutions including the appellant bank. A conscious decision was taken by the Government of Rajasthan for absorption of these employees with the institution where they were on deputation. Accordingly, the Registrar, Cooperative Societies, exercising powers under Rule 39(1) of the Rules of 2003, passed an order dated 24.2.2005 for absorption of the employees on deputation with the institution they were on deputation subject to following conditions: - - "(1)a post should be vacant with the institution concerned for permanent absorption; (2) the employee concerned shall be given seniority below the employees of the same cadre in the institution where absorption is to be made; (3) if the employee is getting higher pay than the post in pay scale of which fixation is to be made, his pay is to be protected by awarding personal pay; and (4) the liability to pay the service benefits such as Gratuity, Provident etc. for the period before absorption, shall be on parent institution. The institution absorbing such employees shall be having no liability in this regard.";