Allahabad High Court
Budhiram And 12 Others vs State Of U.P. And 03 Others on 7 December, 2019
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 19679 of 2019 Petitioner :- Budhiram And 12 Others Respondent :- State Of U.P. And 03 Others Counsel for Petitioner :- Sanjai Kumar Pandey Counsel for Respondent :- C.S.C.,Anuruddh Chaturvedi Hon'ble Ashwani Kumar Mishra,J.
Petitioners who are 13 in number claim themselves to have been validly appointed as Cadre Secretary in the U.P. Primary Agricultural Co-operative Credit Society. Their services were governed by the U.P. Primary Agriculture Co-operative Credit Society (Centralized Service) Rules, 1976 as also the Regulations of 1978. They have approached this Court with the grievance that arrears of salary have not been released to them from June, 2003 till they attained the age of superannuation on different dates from 2007 to 2013. It is stated that benefits of Sixth Pay Commission report has also not been extended to them.
Sri Anirudh Chaturvedi, learned counsel appearing for the U.P. Co-operative Bank, Lucknow, in accordance with law. It is pointed out that petitioners were employed as Cadre Secretary and were posted in different U.P. Primary Agriculture Co-operative Credit Societies and the responsibility to pay salary to them is of the Society. It is submitted that Society is not a party before this Court, and therefore, no positive direction can be issued against it.
Having examined respective contentions advanced, this Court is of the considered opinion that issues on facts, as have been raised before this Court, can better be examined by the respondent no.2, at the first instance.
In view of the above, it would be appropriate to observe that in case petitioners raise their grievance before respondent no.2, he shall examine petitioners' claim on merits and after affording opportunity of hearing to the societies concerned pass an appropriate order, as may be warranted in law, within a period of four months from the date of presentation of certified copy of this order. It goes without saying that the concerned authority shall exercise jurisdiction as is vested in him as per law.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 7.12.2019 Ashok Kr.