Disposed

Rajendra Prasad v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Govt. Lko. and 6 Others

Allahabad HC22 Jul 2024WRIA/5495/2024

Case brief

AI extract

What is this about?

Petitioner challenged an order imposing an additional charge on his post as Secretary of a Society. The High Court stayed the impugned order, granted temporary appointment for six months, and connected the matter with another pending petition on the same issue.

What did the court decide?

Stayed operation of the impugned order dated 25.06.2024 till next listing; temporary appointment for six months granted.

Rajendra Prasad vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 18

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Case :- WRIT - A No. - 5495 of 2024

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Petitioner :- Rajendra Prasad

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Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative Deptt. Govt. Lko. And 6 Others Counsel for Petitioner :- Nirankar Singh Counsel for Respondent :- C.S.C.,Umesh Singh

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 to 3 and Mr. Umesh Singh, learned counsel for opposite parties 4 and 5.

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Issue notice to opposite parties 6 and 7.

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Petition has been filed challenging order dated 25.06.2024 whereby additional charge on the post of Secretary of the Society has been given to opposite party no.7.

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Learned counsel for petitioner submits that a similar issue is already pending consideration before this Court in number of petitions such as WRIT - A No. - 2864 of 2024 (Santosh Kumar Dwivedi v. State of U.P. and others) wherein aforesaid aspect has been considered whether additional charge on the post of Secretary of a society can be given as additional charge to Secretary of another society which is violation of Rules 125, 126 and 127 of U.P. Cooperative Societies Rules, 1968(hereinafter referred to as the Rules of 1968).

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It is submitted that the aspect of petitioner having already superannuated on 30.06.2024 is also irrelevant since in terms of Rules of 1968, the society is empowered to appoint any suitable person as a temporary Secretary of the society concerned as has already been discussed in interim order passed in aforesaid writ petition.

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Learned State Counsel submits that he has been provided written instructions in this matter. He prays for and is granted

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time to file counter affidavit.

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Connect and list along with WRIT - A No. - 2864 of 2024.

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In view of interim protection already granted in various writ petitions pertaining to the same issue, it is directed that till next date of listing, operation of impugned order dated 25.06.2024 shall remain stayed.

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It is however directed that in terms of provisions prescribed under Rules of 1968, temporary appointment of petitioner will not continue beyond the period of six months or the next date of listing whichever is earlier.

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Pleadings shall be exchanged in the meantime.

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Order Date :- 22.7.2024 kvg/-

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

Rajendra Prasad v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Govt. Lko. and 6 Others

Case brief

What is this about?

What did the court decide?

Rajendra Prasad v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Govt. Lko. and 6 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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