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Jagat Pal Singh v. State Of U.P. And Others - WRIT - A No. 3530 of 2004 [2006] RD-AH 3920 (20 February 2006)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Court No.7

Civil Misc. Writ No.3530 of 2004

Jagat Pal Singh             Versus    State of U.P. and others


Hon'ble Rakesh Tiwari, J

           Sri A.K. Maurya, Advocate holding brief of Sri R.P.S. Chauhan is not ready to argue the matter. Sri R.P.S. Chauhan is not present even in the revised list.

The case of the petitioner is that he was appointed on the post of Accountant in the office of respondent no.5, Sadhan Sahkari Samiti Ltd. Naglabarah, Block Islamanagar, District Budaun vide resolution no.2 dated 1.10.90 passed by the Board of Directors. He claims that he was regularized in service but no such order in favour of the petitioner for regularization in service is on the record. The then Secretary of Sadhan Sahkari Samiti Ltd. Naglabarah, Block Islamanagar was transferred to another office but he did not hand over the charge to another Secretary. The office was sealed by the respondents-authorities and the aforesaid Sadhan Sahkari Samiti was merged into the Kisan Sewa Sahkari Samiti Ltd. Sithauli, Budaun. A representation is also said to have been made by the petitioner before respondent nos. 2 to 5, which has remained unactioned till date.

It appears from Annexure-2 to the writ petition that the petitioner is not in service since 1996. Since the date the Sadhan Sahkari Samiti  Naglabarah was merged into Kisan Sewa Sahkari Samiti in December, 1998 it appears that the petitioner has neither worked nor has been paid wages since March, 1998 and went back to home.

The petitioner has prayed for issuance of a writ, order or direction in the nature of mandamus directing respondent no.5 to permit the petitioner to perform his duty on his post in his office and pay the consequential benefit regularly. A further has been made for directing respondent nos. 2 to 5 to take appropriate action and pass a reasoned order on the representation of the petitioner dated 9.8.2003.

Since the Sadhan Sahkari Samiti, Naglabarah has merged into Kisan Sewa Sahkari Samiti, hence relief no.1 cannot be granted. So far as the second relief for passing a reasoned order on the representation of the petitioner dated 9.8.2003 which is said to be pending before the authority concerned, it is directed that the same shall be decided by a reasoned and speaking order, in accordance with law within a period of 6 weeks from the date of submission of a certified copy of this order

The petitioner shall file a certified copy of this order before the authority concerned within 15 days from today.

With the aforesaid directions, the petition is disposed of finally.

No order as to cost.

Dated 20.2.2006




Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites


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