Hon'ble Vikram Nath,J.
Heard learned counsel for the petitioner, learned standing counsel for the respondent no.1 and Sri A.K. Pandey appearing for respondent nos. 2 and 3.
Learned Standing Counsel is granted one month's time to file counter affidavit. Three weeks thereafter to the petitioner to file a rejoinder affidavit.
Issue notice to respondent no.4 by registered post. Steps be taken within two weeks. Office shall send notice returnable at an early date.
Learned counsel for the petitioner urged that prior concurrence has not been taken from the Board under Regulation 87 of the U.P. Cooperative Socities Employees Service Regulations, 1975, therefore, prima facie the impugned order dated 16.4.2010 appears to be erroneous.
In view of the decision rendered by Division Bench in U.P. Upbhokta Sahkari Sangh Ltd. and another Vs. Vijay Shanker Rai 2006 (4) ESC 2644 (All) (DB) and decision rendered in Civil Misc. Writ Petition No. 24429 of 1989 Prem Shankar Gupta Vs. Pradeshik Cooperative Dairy Federation Ltd. and another decided on 18.5.1990, the petitioner is entitled for interim order.
Until further orders of this Court the effect and operation of the impugned order dated 16.4.2010 passed by respondent no.3 (Annexure-8 to the writ petition) shall remain stayed. The petitioner shall be continued in service and paid his salary.
Order Date :- 17.6.2010 MTA