Court No. - 5
Case :- WRIT - A No. - 7648 of 2021 Petitioner :- Rajeev Kumar Saxena Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shobhit Pathak Counsel for Respondent :- C.S.C.,Ashok Kumar Lal
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel appearing for the respondent no.1 and Sri Ashok Kumar Lal, learned counsel appearing for the respondent nos.2 & 3.
The petitioner has retired from post of Branch Manager, District Co-operative Bank, Budaun on 31.03.2018.
The grievance of the petitioner is that his gratuity and other retiral dues have not been paid by the respondent authorities.
In the aforesaid backdrop, the petitioner has prayed for a direction upon the respondents to release all his retiral dues including gratuity. The petitioner, in this respect, has submitted several representation to the respondent no.2, but no heed has been paid on the same by the respondent no.2.
Learned counsel for the respondents would contend that the petitioner is not a Government employee and he is governed under the Employees Service Regulations, 1971, hence, payment of gratuity is not applicable in respect of the Co- operative Society. He further submits that a recovery of 38 lacs is pending against the petitioner, against which the petitioner has preferred an appeal before the Co-operative Tribunal, Uttar Pradesh, Lucknow, which is still pending, therefore, the petitioner is not entitled for retiral dues.
Be that as it may, in the facts of the present case, this Court finds it appropriate to relegate the petitioner to respondent no.2- Chief Executive Officer/Secretary, District Co-operative Bank Limited, Budaun and permit him to file a fresh representation before the respondents no.2 raising all his grievances of non- payment of retiral dues, which can be dealt with by respondent no.2.
Accordingly, this writ petition is disposed of with a direction to the petitioner to file a fresh representation before the respondent no.2-Chief Executive Officer/Secretary, District Co-operative Bank Limited, Budaun, along with a copy of this order downloaded from the official website of High Court, Allahabad, raising all his grievances within a period of two weeks from today. In case, any such representation is filed by the petitioner, the respondent no.2 shall consider and decide the same by a reasoned and speaking order preferably within a period of two months thereafter.
It is clarified that this Court has not expressed any opinion on the merits of the case The writ petition is disposed of subject to the observations made above.
Order Date :- 29.7.2021 NS