U.P. SAHKARI GRAM VIKAS BANK LTD. LKO. THRU. ITS M.D. AND 2 ORS v. KAMAL KRISHNA MISHRA AND ANOTHER
SPLA/9/2025 · 2025-01-10
Attau Rahman Masoodi, Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 116053 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 116053 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1859-DB Court No. - 1 Case :- SPECIAL APPEAL No. - 9 of 2025 Appellant :- U.P. Sahkari Gram Vikas Bank Ltd. Lko. Thru. Its M.D. And 2 Ors Respondent :- Kamal Krishna Mishra And Another Counsel for Appellant :- Kuldeep Pati Tripathi,Dr. Pooja Singh Counsel for Respondent :- Nirankar Singh,C.S.C.,Kripa Shanker Misra Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Kuldeep Pati Tripathi, learned counsel for the appellants, Sri Indrajeet Shukla learned Standing Counsel for the State and Sri Nirankar Singh learned counsel who has put in appearance on behalf of the respondent no. 1.
2. The present intra court appeal has assailed the validity of the judgment and order dated 6.12.2024 passed in Writ A No. 7820 of 2024 whereby the writ petition filed by an employee of the co-operative society has been allowed and the impugned order whereby the salary payable was made dependent upon the recovery of dues was set aside.
3. The writ court while adjudicating upon the grievance raised has clearly referred to clause 31 of the Regulations, 1975. It is clearly opined that the payment of salary which was regulated in terms of clause 31 of the Regulations, 1975 could not have been subjected to any unreasonable rider as the rules do not provide for any restriction to be imposed upon the payment of salary which was otherwise due. Thus, the impugned order assailed before the writ court has been held to be
unreasonable.
4. Having gone through the order passed by the writ court and the reasoning assigned therein, we are in full agreement with the view taken by the writ court and the same does not call any interference in exercise of the appellate powers vested by virtue of Chapter VIII Rule 5 of the High Court Rules.
5. The intra court appeal being bereft of merit is thus dismissed. [Subhash Vidyarthi,J.] [Attau Rahman Masoodi, J.] Order Date :- 10.1.2025 kanhaiya Digitally signed by :- KANHAIYA KUMAR High Court of Judicature at Allahabad, Lucknow Bench