Disposed

Prayag Datt Mishra and 2 Others v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko and 2 Others

Allahabad HC31 Jul 2024/5963/2024

Case brief

AI extract

What is this about?

The court directed the State Cadre Authority to decide on and ensure payment of arrears of salary and benefits to petitioners from 2003 based on applicable service rules and precedents, mandating a decision within eight weeks.

What did the court decide?

Directed the State Cadre Authority to decide the grievance and ensure payment within eight weeks if entitled.

Prayag Datt Mishra and 2 Others Vs State… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:52207

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Court No. - 18

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Case :- WRIT - A No. - 5963 of 2024

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Petitioner :- Prayag Datt Mishra And 2 Others

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Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko And 2 Others

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Counsel for Petitioner :- Km. Vishwa Mohini,Rajesh Kumar,Vimal Kumar

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Counsel for Respondent :- C.S.C.,Birendra Prasad Singh,Jaibind Singh Rathour

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioners, learned State Counsel for opposite party no.1, Mr. Alok Sharma, learned counsel for opposite party no.2, whose power filed today is taken on record and Mr. Birendra Pratap Singh, learned counsel for opposite party no.3.

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Petition has been filed seeking a direction to authority concerned for release of funds for payment of arrears of salary to petitioners with effect from 01.06.2003 till the date of their superannuation in accordance with the recommendations of Vth, VIth and VIIth Pay Commissions . Further prayer for arrears of salary along with interest has also been sought.

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It has been submitted that petitioners' case is covered by judgment and order dated 11.03.2024 rendered by this Court in Prem Nath Mishra and others v. State of U.P. and others, WRIT - A No. - 9736 of 2024. It is also submitted that a Division Bench of this Court in Special Appeal Defective No.57 of 2022 has also issued various directions vide judgment and order dated 26.09.2022 which are as follows:-

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"Learned counsel representing the State Cadre Authority has not been able to show any order regarding the provisions contained in rule 4 (iii) of the Rules 2006, has been issued removing the doubts or difficulties under rule 8 of the said Rules. Even otherwise, we have already noticed the Scheme of the Rules, 2006 and have also taken into account the chronological development which took place regarding fixing the responsibility of payment of salary to the Cadre Secretaries who are members of the Centralized Service. As already discussed above and we have, thus, held that under rule 4(iii) it is the responsibility charged upon the Khata created under 2006 Rules to provide assistance to the Primary Agricultural Co-operative Credit Societies for the managerial expenses from

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where the payment of salary/arrears of salary to the Cadre Secretary is to be made even in past, such assistance as envisaged under rule 4(iii) of 2006 Rules, has been provided to the Primary Agricultural Cooperative Credit Societies for the purposes of making payment of salary to the Cadre Secretaries.

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So far as the payment of amount relating to Contributory Provident Fund and Group Insurance Scheme is concerned, it is primarily the responsibility of the appointing authority to not only make deductions of contributory share of the employees concerned but also to deposit its own share. The appointing authority of the Cadre Secretaries, who are the members of Centralized Service is the District Administrative Committee and accordingly the amount relating to CPF and Croup Insurance Scheme is the responsibility of the District Administrative Committee.

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In view of the aforesaid, all these special appeals are disposed of with the following modification in the judgment and order dated 03.12.2018 passed by the learned Single Judge in Writ Petition No.2190 (S/S) of 2014 as corrected/modified by means of the order dated 03.12.2018:

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(i) So far as the payment of arrears of salary from the year 2008 till the age of retirement of the petitioner-Hanoman Singh is concerned, it shall be the responsibility of the State Cadre Authority to provide assistance to Sadhan Sahkari Samiti Limited, Khusehati, Development Block-Banki, District Barabanki, in terms of the provisions contained rule 4(iii) of U.P. Cooperative Credit Structure Management and Development Rules, 2006. The Cadre Authority shall accordingly take effective steps to fulfill its obligation under this judgment and order within three months from the date a certified copy of this order is furnished. Accordingly, the payment of arrears of salary shall be made to the respondent no.1/petitioner-Hanoman Singh within next four weeks.

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(ii) Similarly, the District Administrative Committee shall take appropriate steps to ensure payment of Contributory Provident Fund and amount of Group Insurance Scheme within three months."

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Learned counsel for opposite parties on the basis of instructions do not dispute applicability of aforesaid judgments in the present facts and circumstances.

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Considering aforesaid facts, opposite party no.2 i.e. Managing Director/Additional Secretary/Deputy Secretary, The State Cadre authority, U.P. Primary Agricultural Cooperative Credit Societies, Centralized Service U.P. Cooperative Bank, Lucknow is directed to decide petitioners' grievance in the light of judgment and order dated 26.09.2022 passed in Special Appeal Defective No.57 of 2022 and other connected matters in terms of Rule 4 (iii) of the Rules of 2006. Decision with regard to same shall be taken within a period of eight weeks from the date a certified copy of this order is produced before the said authority. In case petitioners are found entitled for the same, actual payment thereof shall be ensured within a period of eight weeks thereafter.

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

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Order Date :- 31.7.2024 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Prayag Datt Mishra and 2 Others v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko and 2 Others

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Prayag Datt Mishra and 2 Others v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko and 2 Others

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