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Basant Lal And Others v. State Of U.P. And Others - WRIT - A No. 13352 of 2004 [2006] RD-AH 11584 (17 July 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.27

Civil Misc. Writ Petition No.  14452  of 2004

Sita Ram Kushwaha


Registrar U.P. Cooperative Societies Lucknow and others

Hon.Sanjay Misra.J.

List has been revised  .Learned counsel for the petitioner is present None is present on behalf of the respondent no.3. Learned standing counsel appearing on behalf of respondents no.1 & 2 is present.

Earlier petitioner had filed Civil Misc. Writ Petition No. 2688 of 1993  wherein Division Bench of this Court had passed the following orders :

"The petitioner has made two prayers. The first payer of reinstatement ,has already been granted to him. As regards the second prayer, he may make a representation to the authority concerned who will decide the same expeditiously in accordance with law".

In pursuance of the aforesaid order, the petitioner made a representation , a copy whereof has been filed as Annexure-10 to the writ petition. It is contended by the learned counsel for the petitioner that inspite of order of this Court,  Registrar U.P. Cooperative Societies Lucknow has not passed any orders on the said representation of the petitioner. By means of this writ petition, the petitioner seeks relief to the effect that he may be paid arrears of salary and other consequential benefits. It is stated that  even after reinstatement the respondents are not paying arrears  of salary  although an interim order dated 6.12.2005 was granted in favour of the petitioner. Learned counsel for the respondent has submitted that this writ petition is not maintainable against the Society. . The representation of the petitioner pending before the authority concerned has not been decided as yet. A counter affidavit has been filed and learned standing counsel submits that the representation pending before the respondent no.1 raises disputed questions of facts which require adjudication by a fact finding authority. He submits that this Court would not decide disputed questions of facts which require appreciation of evidence  on facts  It is contended  that the respondents have reinstated the petitioner under protest with a specific stipulation that he would not be entitled to arrears of salary and therefore, the issue of reinstatement in service is still pending finalization.  .

Since the controversy involved in the present case is with respect to the finalization of reinstatement of the petitioner therefore, it is provided that the respondent no.1 will consider and  decide the representation of the petitioner  within three months from the date a certified copy of this order  together with copy of the representation  is filed before him and the decision will be communicated to the petitioner who will file a   duly stamped self addressed envelop alongwith his representation.  

This writ petition stands disposed of as above. No order is passed as to costs.

Dt. 17.7.2006



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