Allahabad High Court
Sushil Kumar Saraswat And 5 Others vs State Of U.P. Thru. Prin. Secy. ... on 3 February, 2023
Author: Vivek Chaudhary
Bench: Vivek Chaudhary
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 4 Case :- WRIT - A No. - 3052 of 2022 Petitioner :- Sushil Kumar Saraswat And 5 Others Respondent :- State Of U.P. Thru. Prin. Secy. Co-Operative Deptt. Lko. And 4 Others Counsel for Petitioner :- Manish Mani Sharma Counsel for Respondent :- C.S.C. Hon'ble Vivek Chaudhary,J.
1. Heard Sri Manish Mani Sharma, learned counsel for the petitioners as well as learned Standing Counsel for the respondents.
2. It has been submitted by learned counsel for the petitioners that petitioners were working on the post of "kurk amin" since 1991, 1983, 1974, 1984, 1989 and 1988 and retired from service on 31.10.2014, 31.07.2019, 31.12.2013, 30.07.2011, 28.02.2017, 31.03.2021. After their retirement they were getting their pension according to U.P. Cooperative Societies Act, 1955, till the same was stopped without any order or reason being communicated to the petitioners and consequently they have approached this Court seeking direction to the respondents to pay arrears of his pension from October, 2021 till date.
3. On the basis of instructions, learned Standing Counsel has submitted that due to paucity of funds pension could not be paid to the petitioners.
4. Per contra Learned counsel for the petitioners has submitted that by means of order dated 08.06.2021, Registrar, Cooperative Societies, Lucknow has withdrawn all money from District Cooperative Bank to the account of District Fund Account. As the petitioners were being paid pension from District Cooperative Bank account, and since no funds remaining, pension of the petitioners could not be paid.
5. It has been submitted by learned counsel for the petitioners that the funds from Districts has been transferred to State fund account and it is only because of the said transfer the petitioners and other similarly situated persons are not getting their pension. Accordingly, it has been stated that the petitioners are entitled for pension only from the funds received as commission realized by the Amins and other employees etc. and because collection has been stopped by the order of the State Government no funds are coming to the said account or likely to come till the order is operative and the respondents have not addressed to the basic question in the present case as to how the petitioners and other similarly situated persons will be paid their pension.
6. Learned counsel for petitioners has further submitted that according to the Rule 21-A of the Uttar Pradesh Co-operative Collection Fund and the Amins and Others Staff Service (First Amendment) Rules, 2005, which is with regard to the salary for benefits of Kurk Amin, it is provided that in case there is any difficulty in disbursement of salary to such persons, the State Government shall give a matching grant which may be returned back from the amount collected by the collection incharge in the State Treasury.
7. He submits that the Rule 21-A of the said Rules, covers the situation as has crept up in the present case. It is stated stand of the respondents in the counter affidavit, due to paucity of funds the payment of pension cannot be made to the petitioners. It has also been pointed out that the said amounts has been withdrawn from the districts and deposited in the State level accounts. This difficulty can be removed by invoking provisions of Rule 21-A and accordingly, the State Government should provide a grant to the respondents to meet out their pension and other dues and the same would be liable to be refunded in terms of the provisions made in the said Rules.
8. In light of the above, the writ petition is allowed. The respondent No. 1 is directed to pass necessary orders of sanctioning grant/money to the Registrar-cum-Commissioner, Cooperatives, Lucknow who shall ensure that the petitioners and other similarly situated retired persons are given their pension regularly including arrears. The Registrar-cum-Commissioner, Cooperatives, Lucknow shall also ensure that the said grant is paid back in terms of Rule 21 -A.
9. Let necessary orders and action be done by the respondents expeditiously, say, within six weeks from the date a certified copy of this order is produced before them.
Order Date :- 3.2.2023 Arti/-
[Vivek Chaudhary,J.]