Dismissed

Titur Prasad @ Swami Dayal v. State of U.P. Thru. Registrar Cooperative Societies Lko. and 4 Others

Allahabad HC1 Jul 2024WRIA/4870/2024

Case brief

AI extract

What is this about?

This single-paragraph order dismisses a writ petition at the admission stage. The petitioner challenged a rejection of his wage arrears claim, alleging oral appointment as a guard in 1983. The court held that since the petitioner failed to produce any documentary evidence to substantiate his claim of employment and the servant society denied his service, there was no occasion to interfere with the

What did the court decide?

The petition is dismissed at the admission stage; parties to bear their own costs.

Titur Prasad @ Swami Dayal vs State of… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:44525

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Court No. - 18

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Case :- WRIT - A No. - 4870 of 2024

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Petitioner :- Titur Prasad @ Swami Dayal Respondent :- State Of U.P. Thru. Registrar Cooperative Societies Lko. And 4 Others Counsel for Petitioner :- Vijay Kumar Asthana,Pradeep Kumar Maurya,Priyanka Yadav Counsel for Respondent :- C.S.C.

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner and learned State Counsel for opposite parties 1, 2 and 3.

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In view of order being passed, notices to opposite parties 4 and 5 stand dispensed with.

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Petition has been filed challenging the order passed in August, 2022 whereby petitioner's representation regarding arrears of wages has been rejected.

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It appears that earlier petitioner had filed Writ Petition No.600(S/S) of 1999 seeking a direction to authority concerned to allow him to work in the department and payment of salary along with arrears since December, 1995. The said petition was disposed of vide order dated 27.02.2020 directing petitioner to submit a representation to authority concerned annexing therewith all relevant documents in support of his case which thereafter was required to be considered and decided upon. It is in pursuance thereof, the impugned order has been passed rejecting petitioner's claim on the ground that petitioner has been unable to establish by any evidence that he was ever appointed with the Co-operative Society concerned and or he had ever worked for them.

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Although it is the case of petitioner that he was appointed on the post of Guard by the Sadhan Sahkari Samiti, Parevpur Block Gilaula District Shrawasti in year 1983 but he was orally

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terminated from service whereafter aforesaid writ petition had been filed.

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From a perusal of impugned order, it appears that the society concerned had denied petitioner's appointment or working with them. The order also indicates that petitioner did not adduce any evidence to substantiate his claim of being employed with the Society. It is also indicated in the order that the society also in its reply dated 18.08.2022 had denied petitioner's employment with them.

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There is no material on record to indicate that petitioner had ever adduced any evidence before the authority concerned to substantiate his claim of appointment or working with the Society concerned.

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In view of aforesaid, there does not appear to be any occasion to interfere with the order impugned since admittedly petitioner has not been able to substantiate his claim by any documentary evidence.

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Consequently, the petition fails and is dismissed at the admission stage itself.

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The parties to bear their own costs.

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Order Date :- 1.7.2024 kvg/-

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

Titur Prasad @ Swami Dayal v. State of U.P. Thru. Registrar Cooperative Societies Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Titur Prasad @ Swami Dayal v. State of U.P. Thru. Registrar Cooperative Societies Lko. and 4 Others

Case brief

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What did the court decide?

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