Court No. - 28
Case :- WRIT - A No. - 3240 of 2019 Petitioner :- Rahul Kumar Arya Respondent :- State Of U.P. Through Its Principal Secretary Cooperative Societies, Lucknow And 5 Others Counsel for Petitioner :- Ashwini Kumar Srivastava Counsel for Respondent :- C.S.C.,Kunwar Bahadur Srivastava
Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri A.K. Srivastava, learned Counsel for the petitioner, learned Standing Counsel for respondent nos.1 to 4 and Sri K.B. Srivastava, learned Counsel for respondent nos.5 to 6.
Present petition has been filed by the petitioner seeking reinstatement on the post of Accountant in Kishan Sewa Sahakari Samiti Ltd, Salarpur Block, Jansath, District- Muzaffar Nagar and further his arrears of salary be released and other consequential benefits may also be given to him.
The relief claimed in the petition is against a Primary Agricultural Cooperative Credit Society (PACCS), against which a writ petition is not maintainable as the society in question is not an instrumentality of State and does not fall within the definition of Article 12 of the Constitution of India. This Court in case of Krishna Mohan Vs. State of U.P. and 3 others, Writ A No.2329 of 2019 decided on 14.2.2019 has held that a writ petition against PACCS is not maintainable as it is not an instrumentality of a State.
In view of the aforesaid judgment, writ petition is dismissed as not maintainable.
Order Date :- 28.2.2019 S. Singh