Court No. - 34
Case :- WRIT - A No. - 9227 of 2014 Petitioner :- Ramakant Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjeev Kumar Shukla Counsel for Respondent :- C. S. C.,U.B. Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for parties.
This petition has been preferred for the respondents being commanded to pay arrears of salary along with interest. The petitioner claims to have been appointed as the Cadre Secretary in the fifth respondent, cooperative society. It is his contention that the respondents have failed to pay salary for approximately 44 months. The aforesaid assertion essentially rests on a report drawn up internally by the cooperative society. Pursuant to the directions issued by the Court, the respondents have filed a detailed counter affidavit and in which it is disclosed that while working in the cooperative society at Shahganj, the petitioner came to be suspended and was reinstated in service only on 11 August 2003. He is thereafter stated to have been transferred to the Khuthan cooperative society where he came to be suspended again on 07 December 2004. He was ultimately reinstated in service on 09 March 2006 and transferred to the cooperative society, Tisauly. The respondents however states that he did not join in that cooperative society till 14 November 2007. The respondents in paragraph -5 of the Counter Affidavit have disclosed that from the records which were available it was evident that he had also drawn salary from March 2006 to September 2007 while at that time one Harbans Singh was working as the Cadre Secretary. They have also noted that for the months March to June 2006 and April to September 2007, the petitioner has drawn double salary.
These assertions which are made in the counter affidavit have not been controverted by the petitioner in the rejoinder affidavit which carried a mere denial with the petitioner additionally asserting that while he had presented himself for joining on 10 March 2006, the President of the society did not hand over charge. It becomes pertinent to note that no material has been placed on the record of these proceedings to establish that he did join the cooperative society, Tisauly post his reinstatement on 09 March 2006. The petitioner has not brought on record any material which may even remotely tend to indicate that the stand taken by the respondents is factually incorrect or inaccurate. The respondents have made disclosures in the counter affidavit based on the original records which were maintained. The view so taken, thus, does not merit interference.
The writ petition fails and is dismissed.
Order Date :- 28.9.2021 Arun K. Singh