Court No. - 34
Case :- SPECIAL APPEAL No. - 163 of 2008
Appellant :- State Of U.P. Thru Secretary Cooperative Deptt. And Others
Respondent :- Prem Narayan Gupta Counsel for Appellant :- M.C. Chaturvedi Counsel for Respondent :- C.B. Gupta
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard learned Standing Counsel for the appellant and Sri C.B. Gupta, learned counsel for the respondent.
2. Dispute raised in this appeal is "whether petitioner-respondent's services rendered in Co-operative Societies Supervisor will be qualifying service for pensionary benefit or not".
3. This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules, 1952 (hereinafter referred to as 'Rules 1952') has arisen from judgment and order dated 31.8.2007 passed by learned Single Judge in Civil Misc. Writ Petition No.13535 of 1994 whereby learned Single Judge in its judgement dated 31.8.2007 has followed another judgement of this Court passed in Civil Misc. Writ Petition No. 16408 of 1993 (Nawab Singh Chauhan Vs. State of U.P. & others) decided on 13.01.2006 and Civil Misc. Writ Petiton No. 5205 of 1995 (Gaya Prasad vs. State of U.P. and others) decided on 02.01.2007, wherein a view was taken that earlier service of petitioner of aforesaid writ petition as Co- operative Supervisor be added for pensionary benefit.
4. However, we find that this issue has been settled now by Supreme Court in State of U.P. and others Vs. Ruk Mangal Singh Rathaur in Civil Appeal No. 7318 of 2003 decided on 28th November, 2006 wherein Supreme Court has categorically held as under :-
"We have already noticed that in the Co-operative regulations there is no provision for pensionary benefits. We have also noticed that Co-operative Supervisors were under the control of the Co-operative Federation Authority. Therefore, the Tribunal and the High Court clearly erred in law and in facts in directing the period they served as Co-operative Supervisors to be added for reckoning the pensionary benefits of retired Co-operative Inspector Grade-II."
(emphasis added)
5. In view of the above judgement of Supreme Court, judgement dated 31.8.2007, questioned in this appeal, cannot be sustained, since this issue stands decided otherwise by the Supreme Court.
6. Appeal is accordingly allowed.
7. Judgement dated 31.8.2007 passed by learned Single Judge, impugned in this appeal, is hereby set aside,
Order Date :- 30.4.2019 Manoj