Shyam Narayan Dubey @ Shyam Narayan vs State Of U.P. Thru. Prin. Secy. ...
2024 Latest Caselaw 16621 ALL

Allahabad High Court

Shyam Narayan Dubey @ Shyam Narayan vs State Of U.P. Thru. Prin. Secy. ... on 10 May, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:36246
 
Court No. - 20
 

 
Case :- WRIT - A No. - 3656 of 2024
 

 
Petitioner :- Shyam Narayan Dubey @ Shyam Narayan
 
Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. And 2 Others
 
Counsel for Petitioner :- Rajesh Kumar
 
Counsel for Respondent :- C.S.C.,Jaibind Singh Rathour
 

 
Hon'ble Shree Prakash Singh,J.
 

Heard learned counsel for the petitioner, Sri Jaibind Singh Rathour, learned counsel for respondent/opposite party no.2, Sri Pradeep Kumar Singh, learned Additional chief Standing Counsel for the State and perused the material placed on record.

Instant petition has been filed for following reliefs:-

"(i) That a issuing writ, order or direction, in the nature of Mandamus, O.P.No.2 may be commanded to release funds for payment of arrears of salary of the petitioners from 01.07.2003 till the date of retirement on 30.09.2015 as per the recommendations of the Vth, VIth & VIIth Pay Commission as claimed in the representation dated 20.02.2024 contained in Annexure No. 5 to the writ petition.

(ii) That by issuing writ, order or direction, in the nature of Mandamus, the arrears of salary may kindly be directed to be paid with interest at market rate from the date it became due till the date of actual payment.

(iii) To issue any other suitable order or direction, which this Hon'ble Court may deem, fit and proper under the facts and circumstances of the case, in favour of the petitioners.

(iv) To award the cost, of the writ petition in favour of the petitioners against the Opp. Parties."

After arguing at some length, learned counsel appearing for the petitioner submits that interest of justice would be sub-served, if this Hon'ble Court may be pleased to direct the opposite party no. 2 to take decision with respect to payment of arrears of salary from 01.07.2003 up till the date of superannuation.

On the other hand, Sri Jaibind Singh Rathour, learned counsel for respondent-opposite party no. 2submits that the State cadre authority is only one of the member to operate the account of Managerial Cadre and therefore, the decision is to be taken by the District Administrative Committee Cadre, U.P. Primary Agricultural Co-operative Credit Societies.

In rejoinder affidavit, counsel for the petitioner has pointed out that so far as the judgment and order dated 11.03.2024 is concerned, the same indicates that the State Cadre Authority is the competent authority to take decision so far as the payment of arrears of salary is concerned.

In view of the above and without entering into the merit of case, the competent authority is hereby directed to consider and decide the representation of the petitioner dated 20.02.2024, within period of eight weeks from the date of the certified copy of this order produced before him.

With the aforesaid observations, the instant writ petition is disposed of.

Order Date :- 10.5.2024

AKS