Allahabad High Court
Brijpal Singh vs The State Of U.P. Through Its ... on 9 January, 2023
Bench: Ramesh Sinha, Jaspreet Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
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Court No. - 1
Case :- WRIT - A No. - 2534 of 2011
Petitioner :- Brijpal Singh
Respondent :- The State Of U.P. Through Its Principal Secy.
Counsel for Petitioner :- Rakesh Kumar Srivastava,Rakesh Kumar Srivastava,S.K.Gaur,Sharad Bhatnagar,Smt.Seema Srivastava
Counsel for Respondent :- C.S.C.,Ashutosh Singh,B.L.Verma,Jaibind Singh Rathour
Hon'ble Ramesh Sinha,J.
Hon'ble Jaspreet Singh,J.
Heard Sri Shrish Kumar Gaur, learned Counsel for the petitioner, Sri Indrajeet Shukla, learned Additional Chief Standing Counsel for State-respondents, Sri Jaibind Singh Rathour, learned Counsel for opposite party No.3 and Sri Ashutosh Singh, learned Counsel for opposite party No.4.
The instant writ petition has been filed by the petitioner-Brijpal Singh with the following prayers:-
(i) issue a writ, order or direction in the nature of mandamus commanding the opposite party nos.2 and 3 to make available funds to the opposite party no.4 and to ensure the payment of arrears of salary for the period commencing from the month of January 2007 to January 2010 excluding the salary for the month of January, February and March 2009 and also of other dues payable to the petitioner including the benefit of revision of pay scales in pursuance of circular dated 15.9.2010 (Annexure No.5) as well as post-retiral benefits such as gratuity, insurance and C.P.G. along with the interest at the rate of 18% per annum to the petitioner within a shortest possible time stipulated by the Hon'ble Court.
(i-A) issue a writ, order or direction in the nature of Certiorari quashing the Uttar Pradesh Primary Agriculture Co-operative Credit Societies Centralised Service (Eleventh Amendment) Rules 2003 (Annexure No.7A) so far as it substituted new rules 4 and 15 to 19 in the Rules 1976 making a provision giving authority to the concerned society to make payment of salary to the employees likewise the petitioner.
(i-B) issue a writ, order or direction in the nature of Certiorari quashing the circular dated 29.6.2010 issued by the opposite party No.2 as contained in Annexure No.7B to the writ petition.
(ii) issue such other writ, order or direction which may be deemed fit, just and proper in the circumstances of the case in favour of the petitioner against the opposite parties.
(iii) Award the cost of the writ petition in favour of the petitioner."
At the very outset, learned Counsel for the opposite party No.3 has submitted that the question involved in the instant writ petition has been decided vide judgment and order dated 26.09.2022 passed by a Co-ordinate Bench of this Court in Special Appeal Defective No.57 of 2022, The State Cadre Authority and others v. Hanoman Singh and others and other connected Appeals. The operative portion of the judgment and order dated 26.09.2022 reads as under:-
"In view of the aforesaid, all these special appeals are disposed of with the following modification in the judgment and order dated 03.12.2018 passed by the learned Single Judge in Writ Petition No.2190 (S/S) of 2014 as corrected/modified by means of the order dated 03.12.2018:
(i) So far as the payment of arrears of salary from the year 2008 till the age of retirement of the petitioner-Hanoman Singh is concerned, it shall be the responsibility of the State Cadre Authority to provide assistance to Sadhan Sahkari Samiti Limited, Khusehati, Development Block-Banki, District Barabanki, in terms of the provisions contained rule 4(iii) of U.P. Cooperative Credit Structure Management and Development Rules, 2006. The Cadre Authority shall accordingly take effective steps to fulfill its obligation under this judgment and order within three months from the date a certified copy of this order is furnished. Accordingly, the payment of arrears of salary shall be made to the respondent no.1/petitioner-Hanoman Singh within next four weeks..
(ii) Similarly, the District Administrative Committee shall take appropriate steps to ensure payment of Contributory Provident Fund and amount of Group Insurance Scheme within three months.
There will be no order as to costs. "
At this stage, learned Counsel for the petitioner submits that the petition may be disposed of in terms of the above judgment and order and the petitioner may be given an opportunity to move a fresh representation before the concerned authority ventilating his grievances and the authority concerned may be directed to decide the same at the earliest.
Accordingly, the writ petition is disposed of in terms of the judgment and order dated 26.09.2022 passed in Special Appeal Defective No.57 of 2022, The State Cadre Authority and others v. Hanoman Singh and others and other connected Appeals with a direction to the petitioner to move a fresh representation before the authority concerned, who in turn, will decide the same, expeditiously, in accordance with law.
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[Jaspreet Singh, J.] [Ramesh Sinha, J.]
Order Date :- 9.1.2023
lakshman
