- (1.) By way of this appeal, the appellant has assailed the judgment and order of the learned single Judge whereby the learned Single Judge has directed the present appellant to pay regular minimum pay scale of the post available in the appellantinstitution.
(2.) Counsel for the appellant contended that in view of the decision of Supreme court and in view of the fact that the appellant is Cooperative Society registered under Rajasthan Cooperative Societies Act 1984, it is covered within the meaning of State as defined under Article 12 of the Constitution. It is also contended that 2006 consolidated agreement is now sought to be challenged after ten years and the funds which are received are diverted into training and implement its scheme and the funds is disproportionate even after paying salary of the employees. It is also contended that the appellant is using the funds of the Central Government for the education of the agriculturists throughout the country. In that view of the matter, he contended that the appeal deserves to be admitted and the order of the learned Single Judge is required to be stayed.
(3.) Counsel for the respondent contended that the first issue whether the appellant is a State is now covered by the decision of this Court dated 14th December, 2005 wherein the Division Bench of Principle Seat at Jodhpur has already held that the present appellant is State which is not subject matter of challenge. Even the counsel for the appellant was not known though they were party to the proceedings and failed to canvass that the learned Single Judge has seriously committed an error in holding that appellant is a State.;