Reserved On: 24.9.2018 Delivered On :31.10.2018 Case :- WRIT - A No. - 16360 of 2018 Petitioner :- Deepak Dodwal Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sujit Kumar Rai Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
Pleadings have been exchanged between the parties. With the consent of parties, writ petition is being decided at the admission stage itself.
By way of present writ petition, petitioner is challenging the order dated 5.6.2018 passed by respondent no.3, Additional Commissioner & Additional Registrar (Administration), order dated 23.6.2018 passed by the respondent no.4, Joint Registrar, Moradabad Division, Moradabad, order dated 2.7.2018 passed by respondent no.5, Assistant Commissioner & Assistant Registrar, Cooperative, Bijnore as well as order dated 13.7.2018 passed by the Secretary, respondent no.6 and further for writ of mandamus directing the respondents not to be interefere in the functioning of the petitioner as Accountant in Vijaypur Sadhan Sahkari Samiti Limited, Vijaypur, Block Naziabad, District Bijnore and to ensure regular payment of salary to the petitioner.
This Court vide order dated 31.10.2018 has allowed the Writ Petition No.16364 of 2018 (Krishna Pal Singh and Another Vs. State of U.P. & 5 Others) by quashing the impugned orders.
The facts and legal question involved in the present writ petition as well as Writ Petition No.16364 of 2018 are same except certain dates.
In the present writ petition, dispute is pertaining to Vijaypur Sadhan Sahkari Samiti Limited, Vijaypur, Block Naziabad, District Bijnore. Further, petitioner was given first appointment on temporary basis on the post of Assistant Accountant/Salesman by Committee of Managment vide resolution No.6 dated 22.12.2015.
Thereafter, in view of proposal No.6 dated 22.12.2015, approval was granted by Assistant Commissioner & Assistant Registrar, Cooperative Societies, Bijnore vide order dated 25.1.2016 and appointment letter dated 27.1.2016 was issued to petitioner. Petitioner was also sent for training vide order dated 1.9.2016. Ultimately, Board of Directors of Vijaypur Sadhan Sahkari Samiti Limited, Vijaypur passed a resolution dated 20.5.2017 regularizing the services of petitioner.
Learned Standing counsel has not disputed the aforesaid facts.
Therefore, the present writ petition is also allowed in terms of the order dated 31.10.2018 passed in Writ Petition No.16364 of 2018 (Krishna Pal Singh and Another Vs. State of U.P. & 5 Others). The order dated 5.6.2018 passed by respondent no.3, Additional Commissioner & Additional Registrar (Administration), order dated 23.6.2018 passed by the respondent no.4, Joint Registrar, Moradabad Division, Moradabad, order dated 2.7.2018 passed by respondent no.5, Assistant Commissioner & Assistant Registrar, Cooperative, Bijnore as well as order dated 13.7.2018 passed by the Secretary, respondent no.6 are hereby quashed. Respondents are directed to permit the petitioner to join his service and pay him salary on month to month basis.
Accordingly, the writ petition is allowed. No order as to costs.
Order Date :- 31.10.2018 Junaid