Akhil R.S.B.O.Asso. & Ors vs State & Ors on 10 February, 2009

     S.B. CIVIL WRIT PETITION NO.1822/1997
     Akhil Rajasthan Sahkari Bank Officers'
   Association, Unit Sriganganagar & another
                       v.
          State of Rajasthan & others


Date of Order: 10th February, 2009


          HON'BLE MR JUSTICE GOVIND MATHUR


Mr M.S. Singhvi, for the petitioner
Mr Rajesh Joshi, for the respondents

      By this petition for writ, an appropriate

writ,    order     or   direction     is    sought   by   the

petitioners to declare illegal order dated 23rd

February,       1995    passed      by      the   Registrar,

Cooperative       Societies        fixing     strength    for

various        cadre    of   officers       in    Ganganagar

Central Cooperative Bank Limited. In reply to

the     writ    petition,     it     is     stated   by   the

respondents that after issuance of the order
dated 23rd February, 1995, staffing pattern was

re-determined under an order dated 18th June,

1997 and promotions have already been given to

members of petitioner-Union. Para 10 of the

reply filed by respondent-Bank is worth to be

quoted:

          "10. That the contents of paras
          No.10 to 13 of the writ petition
          are not relevant so far as the
          controversy   involved    in   the
          present case is concerned. It is
          relevant to mention here that
          after the redetermination of the
          staffing pattern vide Notification
          Annexure/3 dated 23.2.1995, the
          staffing pattern was again re-
          determined    vide    Notification
         Annexure R.3/1 dated 18.6.1997 and
        thus, the Notification Annexure/3
        has   become    irrelevant    to   the
        controversy     involved     in    the
        instant   case.     It   is    further
        relevant to mention here that in
        pursuance    of   the    Notification
        Annexure R.3/1 dated 18.6.1997,
        the DPC was held and on the basis
        of the recommendations made by the
        DPC, selections and promotions
        were made. The copies of the
        orders passed on the basis of the
        recommendations of the DPC dated
        20.10.1997,               20.10.1997,
        27.10.1997, 19.7.1997, 10.11.1997,
        10.11.1997    and     21.7.1997    are
        submitted herewith and marked as
        Annexures R.3/2 to R.3/8. Thus, it
        is clear that in pursuance of the
        revised staffing pattern fixed
        vide Notification Annexure R.3/1
        dated 18.6.1997, the meetings of
        the DPC were already convened and
        their   results    have   also    been
        declared. Thus, in this view of
        the matter and specially in view
        of      the       above        changed
        circumstances,     the    contentions
        made in paras No.10 to 13 of the
        writ petition are irrelevant to
        decide the controversy involved in
        the instant case."

      In view of averments made in para 10 of

 the reply, relief claimed by the petitioners

 in   this     petition    for        writ     has     become

 infructuous     and      as        such,     no      further

 adjudication is required.

      Accordingly,     this     petition      for    writ   is

 dismissed.    However,        it    is     open     for    the

 petitioners    to   challenge       re-determination       of

 strength of various cadres if they have any

 grievance.



                                      [GOVIND MATHUR],J.

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