Court No. - 33
Case :- WRIT - A No. - 14167 of 2020 Petitioner :- Yogendra Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mukesh Kumar Maurya Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Prayer made in this petition is to direct the respondents to consider the petitioner's claim of promotion from Class-IV to Class-III post.
Admittedly, the petitioner is employed in the Sadhan Sahakari Samiti Limited Kaitholi Kishni, Mainpuri, which is a primary society. The record does not show that the society answers the description of the State within the meaning of Article 12 of the Constitution of India. Neither service conditions of such an employees are governed by any statutory rules nor any power of control is exercised by the State or its authorities. Law in that regard has otherwise been settled by a Full Bench of this Court in Vijay Bihari Srivastava vs. U.P. Postal Primary Co-Operative Bank Limited, (2003)1 UPLBEC 1.
In that view of the matter, no direction is warranted for consideration of the petitioner's claim.
The writ petition is dismissed.
Order Date :- 6.1.2021 Pkb/