Satish Chand vs State Of U.P. And 2 Others
2021 Latest Caselaw 10024 ALL

Citation : 2021 Latest Caselaw 10024 ALL
Judgement Date : 10 August, 2021

Allahabad High Court

Satish Chand vs State Of U.P. And 2 Others on 10 August, 2021

Bench: Saral Srivastava




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 8034 of 2021
 

 
Petitioner :- Satish Chand
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Kundan Rai
 
Counsel for Respondent :- C.S.C.,Ashok Kumar Lal
 

 
Hon'ble Saral Srivastava,J.

Heard learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondent no.1 and Sri Ashok Kumar Lal, learned counsel appearing for respondents no.2 and 3.

Without calling for the counter affidavit and with the consent of the learned counsel for the parties, this writ petition is being disposed of finally at this stage.

The petitioner was working as Junior Branch Manager in District Cooperative Bank Limited, Binor, District Bijnor. He retired from service in the year 2017. By the impugned order dated 24.12.2020 the gratuity dues to which the petitioner is entitled under Regulation 95 of the U.P.Co-operative Employees Service Regulation, 1975 (in short the Regulation) has not been paid rather Rs.10,00,000/-(Rs. Ten Lac) towards gratuity has been paid to the petitioner.

Learned counsel for the petitioner submits that the controversy is squarely covered by a judgment of this Court in Writ A No.14364 of 2016 (Sugvir Singh Vs. State of U.P. and others) dated 3.8.2016 and, therefore, the petitioner is also entitled to the same relief as has been granted by this Court in the aforesaid case.

Sri Ashok Kumar Lal, learned counsel for the respondents defended the order but he could not demonstrate from the record that the judgment of this Court in the case of Sugvir Singh (supra) is not applicable in the facts of the present case.

Accordingly, this Court finds substance in the submission of the learned counsel for the petitioner and as such, quash the order dated 24.12.2020 passed by respondent no.2-Secretary/Chief Executive Officer, District Co-operative Bank Limited, Bijnor (Annexure-6 to the writ petition).

The writ petition is allowed in terms of the judgment and order dated 3.8.2016 passed in Sugvir Singh (supra).

Order Date :- 10.8.2021

SKM