Rajendra Prasad Pandey And 26 ... vs State Of U.P. And 31 Others
2016 Latest Caselaw 4445 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 

 
Case :- WRIT - A No. - 31649 of 2016
 

 
Petitioner :- Rajendra Prasad Pandey And 26 Others
 
Respondent :- State Of U.P. And 31 Others
 
Counsel for Petitioner :- Krishna Mohan Misra,H.R. Misra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pradeep Kumar Singh Baghel,J.

Heard Sri H.R. Misra, Senior Advocate assisted by Sri K.M. Mishra, learned counsel for the petitioner.

The learned Senior Counsel submits that petitioners are working as Acting Officiating Secretary and by virtue of Section 122-A (14th Amendment) Rules, 2015 they are deemed to have been provisionally absorbed.

He further urged that 16th Amendment Rules are ultra vires and unconstitutional as it is contrary to Section 29-A (vii) of the U.P. Co-operative Societies Act, 1965. He has relied on the judgment of a Division Bench.

After the aforesaid submission, a request has been made on behalf of the State that the matter be adjourned till Monday i.e. 25.07.2016.

Prayer is granted.

Put up this case  on 25.07.2016.

Learned counsel for the petitioner prays to implead the State Cadre Authority as one of the respondents.

Leave is granted.

Learned counsel for the petitioner is permitted to carry out the necessary amendment on or before the next date fixed.

Order Date :- 21.7.2016

AU