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2025 DAILYLAW 126263 (ALL)

AMIT KUMAR VARMA AND 43 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF COOPERATIVE LKO. AND 18 OTHERS

WRIA/2469/2025 · 2025-03-05

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:13275 Court No. - 5 Case :- WRIT - A No. - 2469 of 2025 Petitioner :- Amit Kumar Varma And 43 Others Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Cooperative Lko. And 18 Others Counsel for Petitioner :- Raj Kumar Singh Counsel for Respondent :- C.S.C.,Gaurav Mehrotra Hon'ble Abdul Moin,J. Supplementary affidavit filed today in Court by the learned counsel for the petitioner be kept on record. Vakalatnama filed today in Court by Sri Akber Ahmad, Advocate on behalf of the respondents no. 2 to 19 be also kept on record. At the very outset, learned counsel for the petitioner prays for correcting the name of the petitioner no. 14 as Sudhessh Kumar in-stead of Sudheer Kumar. Learned counsels appearing on behalf of the contesting respondents do not have any objection to the same. Accordingly, the prayer is allowed. Let necessary correction in the name of petitioner no. 14 be made during the course of the day. Heard learned counsel for the petitioners, learned Standing counsel appearing on behalf of the respondent-State No.1 and Shri Akber Ahmad, learned counsel appearing for respondents No.2 to 19. There is consensus at Bar that the the matter in issue is squarely covered by the order dated 06.12.2024 passed in Writ A No.7820 of 2024 In re Kamal Krishna Mishra vs State of U.P. & 3 Ors, a copy of which is Annexure-8 to the petition. It is further contended that a special appeal filed against the said judgment vide Special Appeal No.09 of 2025 In Re U.P. Sahkari Gram Vikas Bank Ltd Lucknow & 2 Ors vs Kamal Krishna Mishra & Anr has been dismissed in limine vide judgment and order dated 10.01.2025, a copy of which is Annexure-9 to the petition. Thus, the judgment of this Court in the case of Kamal Krishna Mishra (supra) has attained finality. Considering the aforesaid consensus, the writ petition is allowed. It is provided that the petitioners are also entitled to the benefit of the judgment in the case of Kamal Krishna Mishra (supra) and the order impugned dated 02.07.2024 is quashed in so far as it pertains to the petitioners. At this stage, learned counsels for the parties point out that the petitioners no.1 to 5,21,22,25 to 30, 33 to 36; 42 & 44 have not been paid salary for the months of November, December, 2024, January, 2025 & February, 2025; petitioners No. 6 to 8, 20, 31, 32, 37 to 41 have not been paid salary for the months of September, 2024 to February, 2025, Petitioners no. 16 to 19 have not been paid salary for the months of December, 2024 to February, 2025 and Petitioners no. 9 to 15 have not been paid salary from the months of January, 2025 to February, 2025. In view thereof, the respondents are directed to pay salary to the petitioners for the aforesaid months without any deduction and continue to pay salary month to month in accordance with law under relevant rules, provided there is no legal impediment. Order Date :- 5.3.2025 Pachhere/- Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench