Shobha Ram Yadav v. State of U.P. Thru. Prin. Secy. Cooperative Lko and 3 Others

Allahabad HC20 Mar 2025WRIA/2931/2025

Case brief

AI extract

What is this about?

Shobha Ram Yadav; WRIT-A 2931 of 2025; Allahabad High Court Lucknow Bench; Karunesh Singh Pawar J.; kurk amin pension arrears; retiral dues gratuity leave encashment; Sushil Kumar Saraswat Writ-A 3052 of 2022; Rule 21-A Uttar Pradesh Co-operative Collection Fund Amins Staff Service (First Amendment) Rules 2005; U.P. Cooperative Societies Act 1955; sanction of grant; Commissioner-cum-Registrar Cooperatives; eight weeks compliance.

What did the court decide?

Writ petition allowed in terms of the judgment and order dated 03.02.2023 passed in Sushil Kumar Saraswat (supra); Principal Secretary, Cooperative directed to sanction grant to Commissioner-cum-Registrar, Cooperative, U.P., Lucknow for regular pension including arrears, refundable under Rule 21-A, within eight weeks. ¶¶21

Shobha Ram Yadav vs State of U.P. Thru. Prin. Secy. Cooperative Lko and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to payment of arrears of salary due since October, 2022 to December, 2024 along with 6% annual interest. +1 more

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Ratio / Principle

Since the controversy involved in the petition has already been adjudicated by the Co-ordinate Bench in Writ-A No.3052 of 2022 (Sushil Kumar Saraswat), the writ petition is allowed, with the consent of parties, in terms of that judgment and order dated 03.02.2023.

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Key takeaways

Respondent No.1-State of U.P. through its Principal Secretary, Cooperative is directed to pass necessary orders sanctioning grant/money to respondent No.2-Commissioner-cum-Registrar, Cooperative, U.P., Lucknow, who shall ensure that the petitioner and other similarly situated persons are given pension regularly including arrears.ratio¶¶22
The grant received by respondent No.2 shall be paid back in terms of Rule 21-A.ratio¶¶23
The entire exercise is to be completed by the opposite parties within eight weeks from the date of receipt of certified copy of the order.ratio

Detailed headnote1 paragraphs

Retired Sahyogi Kurk Amin (Collection)'s writ petition seeking salary arrears (October, 2022 to December, 2024) with 6% annual interest and retiral dues (gratuity, leave encashment) and pension allowed, with consent of parties, in terms of the Co-ordinate Bench decision in Writ-A No.3052 of 2022 (Sushil Kumar Saraswat and 5 others vs. State of U.P. & others) dated 03.02.2023. Respondent No.1-State of U.P. through Principal Secretary, Cooperative directed to sanction grant/money to respondent No.2-Commissioner-cum-Registrar, Cooperative, U.P., Lucknow, who shall ensure pension regularly including arrears to the petitioner and similarly situated persons; grant to be paid back in terms of Rule 21-A of the Uttar Pradesh Co-operative Collection Fund and the Amins and Others Staff Service (First Amendment) Rules, 2005; exercise to be completed within eight weeks.

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Neutral Citation No. - 2025:AHC-LKO:31647

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Court No. - 18

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Case :- WRIT - A No. - 2931 of 2025

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Petitioner :- Shobha Ram Yadav Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative Lko And 3 Others Counsel for Petitioner :- Rajesh Kumar Awasthi Counsel for Respondent :- C.S.C.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the petitioner and learned standing counsel for the State-respondent.

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The petitioner by way of this petition has prayed for the following reliefs:-

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"(i) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to make payment of the arrear of salary of the petitioner which is due since October, 2022 to December, 2024 along with 6% annual interest till the date of actual payment.

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(ii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to make payment of all retiral dues (Gratuity and Leave Encashment) and also grant pension of the petitioner, because the petitioner retired from the post of Sahyogi of Kurk Amin (Collection) on 31.12.2024."

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It is not disputed at bar that controversy involved in this petition has already been adjudicated by the Co-ordinate Bench of this Court in Writ-A No.3052 of 2022 (Sushil Kumar Saraswat and 5 others vs. State of U.P. & others) whereby the writ petition was allowed vide judgment and order dated 03.02.2023, the relevant part of the judgment and order dated 03.02.2023 is extracted below:-

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"2. It has been submitted by learned counsel for the petitioners that petitioners were working on the post of "kurk amin" since 1991, 1983, 1974, 1984, 1989 and 1988 and retired from service on 31.10.2014, 31.07.2019, 31.12.2013, 30.07.2011, 28.02.2017, 31.03.2021. After their retirement they were getting their pension according to U.P. Cooperative Societies Act, 1955, till the same was stopped without any order or reason being communicated to the petitioners and consequently they

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have approached this Court seeking direction to the respondents to pay arrears of his pension from October, 2021 till date.

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3. On the basis of instructions, learned Standing Counsel has submitted that due to paucity of funds pension could not be paid to the petitioners.

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4. Per contra Learned counsel for the petitioners has submitted that by means of order dated 08.06.2021, Registrar, Cooperative Societies, Lucknow has withdrawn all money from District Cooperative Bank to the account of District Fund Account. As the petitioners were being paid pension from District Cooperative Bank account, and since no funds remaining, pension of the petitioners could not be paid.

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5. It has been submitted by learned counsel for the petitioners that the funds from Districts has been transferred to State fund account and it is only because of the said transfer the petitioners and other similarly situated persons are not getting their pension. Accordingly, it has been stated that the petitioners are entitled for pension only from the funds received as commission realized by the Amins and other employees etc. and because collection has been stopped by the order of the State Government no funds are coming to the said account or likely to come till the order is operative and the respondents have not addressed to the basic question in the present case as to how the petitioners and other similarly situated persons will be paid their pension.

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6. Learned counsel for petitioners has further submitted that according to the Rule 21-A of the Uttar Pradesh Co-operative Collection Fund and the Amins and Others Staff Service (First Amendment) Rules, 2005, which is with regard to the salary for benefits of Kurk Amin, it is provided that in case there is any difficulty in disbursement of salary to such persons, the State Government shall give a matching grant which may be returned back from the amount collected by the collection incharge in the State Treasury.

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7. He submits that the Rule 21-A of the said Rules, covers the situation as has crept up in the present case. It is stated stand of the respondents in the counter affidavit, due to paucity of funds the payment of pension cannot be made to the petitioners. It has also been pointed out that the said amounts has been withdrawn from the districts and deposited in the State level accounts. This difficulty can be removed by invoking provisions of Rule 21-A and accordingly, the State Government should provide a grant to the respondents to meet out their pension

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and other dues and the same would be liable to be refunded in terms of the provisions made in the said Rules.

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8. In light of the above, the writ petition is allowed. The respondent No. 1 is directed to pass necessary orders of sanctioning grant/money to the Registrar-cum-Commissioner, Cooperatives, Lucknow who shall ensure that the petitioners and other similarly situated retired persons are given their pension regularly including arrears. The Registrar-cumCommissioner, Cooperatives, Lucknow shall also ensure that the said grant is paid back in terms of Rule 21 -A.

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9. Let necessary orders and action be done by the respondents expeditiously, say, within six weeks from the date a certified copy of this order is produced before them."

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In view of above, with the consent of parties, the writ petition is allowed in terms of the aforesaid judgment and order dated 03.02.2023 passed in Sushil Kumar Saraswat (supra).

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Respondent No.1-State of U.P. through its Principal Secretary, Cooperative, Government of U.P., Civil Secretariat, Lucknow is directed to pass necessary orders while sanctioning grant/money to the respondent No.2- Commissioner-cumRegistrar, Cooperative, U.P., Lucknow who shall ensure that the petitioner and other similarly situated persons are given pension regularly including arrears.

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It is needless to say that the grant receipt by respondent No.2 shall be paid back in terms of Rule 21-A.

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Let this exercise be completed by the opposite parties within a period of eight weeks from the date of receipt of certified copy of this order.

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Order Date :- 27.5.2025 Saurabh Yadav/-

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Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench

Shobha Ram Yadav v. State of U.P. Thru. Prin. Secy. Cooperative Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Shobha Ram Yadav v. State of U.P. Thru. Prin. Secy. Cooperative Lko and 3 Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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