DHANRAJ MISHRA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. COOPERATIVE DEPTT. LKO. AND 3 OTHERS
WRIA/15227/2025 · 2025-12-19
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 186129 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 186129 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 15227 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioners, Mr. Pradeep Kumar Singh, learned Additional Chief Standing Counsel for the State, Mr. Jaibind Singh Rathour, learned counsel for the opposite party no. 2 and Mr. Birendra Singh, learned counsel for the opposite party no. 3 and perused the record. Instant petition has been filed for the following reliefs:-
"(a) To issue a writ, order or direction in the nature of mandamus and commanding the Opposite party no.2 to release the funds for payment of arrears of salary to the petitioners as per demand of Opposite party no.3 from 1.6.2003 till January, 2018 as per the recommendations of 5th, 6th and 7th Pay Commission. (b) To issue a writ, order or direction in the nature of mandamus and commanding the Opposite parties to pay arrears of salary with interest @ 12% from the date of its due till the date of actual payment. (c) issue such other, order writ, or direction, which may be deemed just and proper in the circumstances of the case and;"
After arguing at some length, learned counsel appearing for the petitioners submits that interest of justice would be sub-served, if this Hon'ble Court may be pleased to permit the petitioners to move fresh representations separately by each and every petitioner, before the opposite party no. 2 and Versus Counsel for Petitioner(s) : Dharm Raj Mishra, Pankaj Pathak Counsel for Respondent(s) : C.S.C., Birendra Prasad Singh, Jaibind Singh Rathour Dhanraj Mishra And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. And 3 Others .....Respondent(s)
the opposite party no. 2 may be directed to consider and take a decision with respect to payment of arrears of salary from 01.06.2003 up till the date of superannuation. On the other hand, Sri Jaibind Singh Rathour, learned counsel for the opposite party no. 2 submits that the State cadre authority is only one of the member to operate the account of Managerial Cadre and therefore, the decision is to be taken by the District Administrative Committee Cadre, U.P. Primary Agricultural Co-operative Credit Societies.
In rejoinder affidavit, counsel for the petitioners has pointed out that so far as the judgment and order dated 11.03.2024 is concerned, the same indicates that the State Cadre Authority is the competent authority to take a decision so far as the payment of arrears of salary is concerned. In view of the above and without entering into the merit of case, the petitioners are granted liberty to move fresh representations separately by each and every petitioner, before the opposite party no.2 within a period of 15 days, and if such representation is moved, the opposite party no. 2, is hereby directed to consider and decide the same within further period of eight weeks. Needless to say that if the petitioner is entitled for the aforesaid arrears of salary, all endeavour shall be made by the respondents for payment of the same to him. With the aforesaid observations, the instant writ petition is disposed of. December 19, 2025 Ram Murti WRIA No. 15227 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench