SHAILENDRA TIWARI AND 4 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. COOPERATIVE DEPTT. LKO. AND 6 OTHERS
WRIA/1881/2025 · 2025-02-21
Abdul Moin
body2025
DailyLaw.ai
[ 2025 DAILYLAW 123463 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 123463 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 5 Case :- WRIT - A No. - 1881 of 2025 Petitioner :- Shailendra Tiwari And 4 Others Respondent :- State Of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. And 6 Others Counsel for Petitioner :- Mukesh Kumar Tewari Counsel for Respondent :- C.S.C.,Jaibind Singh Rathour Hon'ble Abdul Moin,J.
1. Heard learned counsel for the petitioners, Shri Nitin Mathur, learned Additional Chief Standing counsel appearing on behalf of respondents No.1 to 6 and Shri Alok Sharma, learned counsel appearing on behalf of respondent No.7. 2. With the consent of the parties concerned, the matter is being finally decided. 3. The instant petition has been filed for the following main reliefs:
"(i). Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the respondents No.1 & 2 to take a decision on the recommendations / letters dated 01.02.2022 and 20.03.2023 issued by the respondent No.4 Additional Commissioner and Additional Registrar (Administration) Cooperative U.P. Lucknow, a copy of which is annexure 1 & 2 to the petition. (ii). Issue a writ, order or direction in the nature of mandamus thereby commanding and directing the opposite parties to consider the case of the petitioners for promotion on the government post of Inspector Cooperative Grade-2 / Assistant Development Officer in Cooperative Department after necessary amendment in Subordinate Cooperative Service Rules, 1979. 4. This Court had passed the following order on 14.02.2025 which, for the sake of convenience, is reproduced below:
"Heard. Contention of the learned counsel for the petitioner is that despite the proposal of amendment in the rules having been sent by the respondent No.3 and a query that had been raised by the State Government having also been addressed and responded vide letter dated 20.03.2023, a copy of which is Annexure-2 to the petition, yet the State Government has failed to take a final decision pertaining to amendment in the rules either way. Learned Standing Counsel prays for and is granted a week's time to seek instructions in the matter as to within how much time the said proposed amendment in the rules would be acted upon either way. List this case in the next week as fresh."
5.
Today, Shri Nitin Mathur, learned Additional Chief Standing counsel, on the basis of instructions sent by the Under Secretary, Department of Cooperative dated 20.02.2023, states that an endeavour would be made to have the rules finalised within a period of three months from today. 6. The aforesaid statement is recorded. 7. The writ petition stands disposed of accordingly. Order Date :- 21.2.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench