Avneesh Sharma v. State of U.P. Thru. Prin. Secy. Cooperatives Lko. and 15 Others

Allahabad HC22 Feb 2024/718/2024

Case brief

AI extract

What is this about?

Writ petitioner sought salary enforcement against a private cooperative society. The High Court dismissed the writ petition but granted liberty to approach two specific respondents (the society and Registrar) for service dispute resolution under the Cooperative Societies Act, 1965.

What did the court decide?

Liberty granted to approach opposite party nos. 7 and 8 for redressal of grievance; petition disposed.

Avneesh Sharma Vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC-LKO:16008

¶2

Court No. - 17 Case :- WRIT - A No. - 718 of 2024 Petitioner :- Avneesh Sharma Respondent :- State Of U.P. Thru. Prin. Secy. Cooperatives Lko. And 15 Others

¶3

Counsel for Petitioner :- Vinay Misra Counsel for Respondent :- C.S.C.,Rishabh Mishra,Rishi Raj Mishra,Sachin Kumar Mishra

¶4

Hon'ble Manish Mathur,J.

¶5

Heard Sri Vinay Misra, learned counsel for petitioner, learned State Counsel for opposite parties 1 to 6, Mr. Rishabh Srivastava and Mr. Rishi Raj Mishra, learned counsel for opposite party no.7 and Mr. Sachin Kumar Mishra, learned counsel for opposite parties 11, 12, 15 & 16.

¶6

The petition has been filed seeking a direction to the opposite parties particularly the society concerned to ensure payment of regular monthly salary to the petitioner in terms of his appointment dated 01.02.2023 on the post of Clerk in the society concerned by the name of Basic Shiksha Parishad Vetan Bhogi Sahkari Samiti Ltd., Pratapgarh.

¶7

Vide order dated 01.02.2024, preliminary objection raised by learned counsel for opposite party was recorded that since the society concerned is a private body, the petition is not maintainable under Article 226 of the Constitution of India.

¶8

In response to such preliminary objection, learned counsel for the petitioner submits that the Registrar has ample power under Section 121 of U.P. Cooperative Societies Act, 1965 to ensure supervision and exercise control over even private societies registered under the Act with regard to service dispute as well.

¶9

However, a perusal of Section 121 of the Act, 1965, will make it evident that the aggrieved person will first be required to approach the society concerned whereafter only the Registrar may exercise power under Section 121 of the Act.

¶10

In view of the aforesaid, the petitioner is granted liberty to approach the opposite party nos.7 and 8 with regard to redressal of his grievance. In case such representation is made, the same shall be decided expeditiously by the aforesaid opposite parties.

¶11

With the aforesaid direction, the petition stands disposed of.

¶12

Order Date :- 22.2.2024/Renu

¶13

Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench

Avneesh Sharma v. State of U.P. Thru. Prin. Secy. Cooperatives Lko. and 15 Others

Case brief

What is this about?

What did the court decide?

Avneesh Sharma v. State of U.P. Thru. Prin. Secy. Cooperatives Lko. and 15 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Ravindra Singh Vs State of U.P. Thru. Prin. Secy. Transport Deptt. and Ors.

Pankaj Kumar Vs the Union of India Thru. Secy. Ministry of Tribal Affairs Development New Delhi and 6 Others

Ram Dhiraj Yadav Vs State of U.P. Thru. Prin. Secy. Agricultural Edu. and Research Lko. and 3 Others

Poonam Singh Vs State of U.P. Thru. Prin. Secy. Basic Education Deptt. Lko. and 4 Others

Dr. Irfan Ahmad Mir Vs U.O.I. Thru. Secy. Deptt. Chemicals and Petrochemicals, Ministry Chemicals/Fertilisers and 2 Others

Rama Shankar Dwivedi Vs State of U.P. Thru. Prin. Secy. Deptt. Cane Development and Sugar Industries Lko. and 6 Others