Neutral Citation No. - 2025:AHC:108622 Court No. - 5 Case :- WRIT - A No. - 11013 of 2023 Petitioner :- Ramesh Chandra And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Lal Chandra Srivastava,Neeraj Srivastava Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. Heard Sri Lal Chandra Srivastava, learned counsel for petitioners and Sri P.K. Shahi, learned A.C.S.C. for State. This Court has passed following order on 24.07.2023, which was modified by an order dated 23.10.2024 :- "Order Date 24.07.2023 (Order on the memo of Writ Petition) A personal affidavit of the District Magistrate, Jaunpur has been produced in Court today, which the Court has perused. Since the present writ petition is an e-filed matter, let the learned Additional Chief Standing Counsel e-file this affidavit during course of the day. In the personal affidavit, it is stated in para 7 that the petitioners were earlier appointed as Cooperative Group Amin (commission based), but later on, under a resolution of the State Government dated 22.12.2016, they were adjusted on the post of salaried Cooperative Group Amin in the pay-scale of 3050-75-3950-80-4590. It is, however, averred in para 10 that the petitioners are not entitled to get salary as government employees, due to the reason that the petitioners were appointment as regular Collection Amin and payment of their salary is to be made from the collection of revenues through cooperative recovery; not from the State exchequer. Be that as it may, what appears from a perusal of the impugned order is that for falling short of target in recovery, the District Magistrate has put the petitioners under notice, that it shall be treated as misconduct. It is also said in the order that for the said failure, the petitioners would be placed under suspension and disciplinary proceedings initiated against them, terminating their services. It is one thing to say that the petitioners' emoluments may depend on the revenue collected by them, and very different to say that short recovery would amount to misconduct, for which the petitioners would be placed under suspension pending disciplinary proceedings. There is prima facie no provision to that effect in the Uttar Pradesh Sahkari Sangrah Nidhi aur Amin Tatha Anya Karmchari Sewa Nimayawali, 2002, which may entitle the District Magistrate to initiate the disciplinary proceedings against the petitioners and suspend them from service on account of the petitioners not achieving the target recovery. A prima facie case is made out. Admit. Notice on behalf of all the respondents is accepted by Mr. Dinesh Kumar Singh, learned Additional Chief Standing Counsel. He prays for and is granted four weeks' time to file a counter affidavit. List this writ petition for orders on 21.08.2023, along with a report regarding the status of pleadings. (Order on Civil Misc. Stay Application No. 1 of 2023) Issue notice. Until further orders of this Court, operation of the impugned orders dated 18.05.2023 passed by the District Magistrate, Jaunpur against the petitioners Ramesh Chandra, Surya Prakash Misra and Nand Lal Yadav, annexed as Annexure Nos. 1, 1-A and 1-B to the writ petition, shall remain suspended. Let this order be communicated to the District Magistrate, Jaunpur by the Registrar (Compliance) within 48 hours next. Order Date 23.10.2024 This matter was mentioned in the morning indicating an urgency that despite the interim stay order dated 24.07.2023, staying the operation of the impugned orders dated 18.05.2023, passed by the District Magistrate, Jaunpur against the petitioners, they are not being paid their salary on ground that the interim order passed by us does not expressly say that the petitioners ought be paid their salary. Upon hearing learned Counsel for the petitioner and Mr. S. C. Upadhyay, learned Standing Counsel appearing on behalf of the State, the interim order dated 24.07.2023 is modified to provide that apart from stay of operation of the impugned orders dated 18.05.2023 passed by the District Magistrate, Jaunpur, the petitioners shall be entitled to be paid their salary regularly also until further orders. List this matter on 07.11.2024, by which date the District Magistrate, Jaunpur and the District Assistant Registrar/Assistant Commissioner, Cooperative Societies, Jaunpur shall both file their personal affidavits reporting compliance of this order. Let this order be communicated to the District Magistrate, Jaunpur and the District Assistant Registrar/Assistant Commissioner, Cooperative Societies, Jaunpur both through the Chief Judicial Magistrate, Jaunpur by the Registrar (Compliance) within 24 hours." In the aforesaid circumstances, the grievance of petitioner raised in this petition has substantially addressed and now only question left about manner of payment of salary, which was not initially an issue before this Court as well as that no amendment is proposed in this writ petition to consider the manner and source of payment of salary to petitioners though during exchange of pleadings, certain documents are placed on record on issue. Therefore, at this stage, the Court is not entering into aforesaid issue and is left open. The impugned order is already stayed in part, therefore, is made absolute, however, respondent will have liberty if circumstance so warrant to initiate inquiry, only in accordance with law. The petitioners' grievance in regard to non-payment of salary is an issue of concern and respondent being under legal obligation to pay salary at least as paid earlier, therefore, it is directed that they shall discharge their legal obligation. Accordingly, this writ petition is disposed of. Order Date :- 9.7.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad