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2025 DAILYLAW 11990 (RAJ)

RAM DAS GARG v. STATE OF RAJ AND ORS

CW/12537/2009 · 2025-02-20

Anoop Kumar Dhand

Transfer Petitionbody2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 12537/2009 Ram Das Garg Son Of Shri Dwarka Prasad Agrawal, Kharanja Road, Dholpur. ----Petitioner Versus 1. The State Of Rajasthan Through The Principal, Co-- Operative Department, Govt. Of Rajasthan, Secretariat, Jaipur. 2. The Registrar, Co-Operative Societies, Rajasthan, Jaipur. 3. The Joint Registrar, Sahakari Samitiyan, Division, Bharatpur. 4. The Dholpur Sahakari Bhoomi Vikas Bank Ltd., Dholpur Through Secretary. 5. The Chairman, Dholpur Sahakari Bhoomi Vikas Bank Ltd., Dholpur. ----Respondents For Petitioner(s) : Mr. Rakesh Kumar Sharma For Respondent(s) : Mr. Sri Ram Yadav Mr. Padam Singh Gurjar, AGC JUSTICE ANOOP KUMAR DHAND Order 20/02/2025 1. The instant writ petition has been filed by the petitioner with the following prayer: "(i) by an appropriate writ, order or direction the impugned order dated 30.9.2009 may kindly be quashed and set-aside with all consequential benefits: (ii) by an appropriate writ, order or direction the respondents may be directed to allow the petitioner to serve the Bank upto the age of (2 of 3) [CW-12537/2009] superannuation age of 60 years in pursuance of the order dated 25.9.2009 issued by the Joint Registrar with all consequential benef ts. (iii) Any other writ or direction which this Hon'ble Court may deem just and proper may also be passed in favour of the petitioner. (iv) The cost of the petition may also be awarded to the petitioner." 2. By way of filing of this petition, a challenge has been led to the impugned order dated 30.09.2009 and further a direction has been sought against the respondents to allow the petitioner to serve the respondents up to the age of superannuation i.e. 60 years pursuant to the order dated 25.09.2009. Counsel submits that this Court vide order dated 08.10.2009 passed the following order: "Counsel Submits that age of Superannation of employee of Dholpur Sahakar Bhoomi Vikas Bank Ltd. was increased from 58 to 60 yrs, as evident from document Ann.3 dt.28th June, 2009 which was also approved by the Joint Registrar, Co-operative Societies, Bharatpur as is evident from Ann. 4 dt.25th September, 2009 and no disciplinary/judicial inquiry is instituted/pending against the petitioner as certified by the authority vide letter dt.26/9/2009, but still he has been retired at the age of 58 yrs. on 30th September, 2009 by passing order dt.30th September, 2009 [Ann.6]. Issue notice, along with a copy of this order, to the respondents, returnable by four weeks. Notices be given 'dasti', if desired. In the meanwhile & until further orders, operation of order dt.30th September, 2009 [Ann.6] shall remain stayed and respondents are directed to allow the petitioner to continue to work on the post which he was holding prior to passing of order impugned. List immediately after service." (3 of 3) [CW-12537/2009] 3. Counsel submits that pursuant to the aforesaid interim order, the petitioner continued in service till 30.09.2011 and thereafter, he stood retired upon attaining the age of superannuation. 4. Considering the above factual aspect of the matter, the interim order dated 08.10.2009 is made absolute. 5. The respondents are directed to release the retiral dues to the petitioner by treating his age of superannuation as 60 years with all consequential benefit. 6. in view of the above the instant writ petition stands disposed of. Pending applications, if any, also stand disposed of. (ANOOP KUMAR DHAND),J KuD/57