Neutral Citation No. - 2025:AHC:136456 Court No. - 5 Case :- WRIT - A No. - 10026 of 2023 Petitioner :- Manish Kumar Sharma Respondent :- Union Of India And 7 Others Counsel for Petitioner :- Ashutosh Ganguli,Pranab Kumar Ganguli Counsel for Respondent :- A.S.G.I.,Ankit Saran,Chandan Sharma,Gopal Verma,Sushmita Mukherjee Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Pranab Kumar Ganguli, learned counsel for petitioner and Ms. Sushmita Mukherjee, learned counsel for IFFCO. 2. It is not under dispute that petitioner is an employee of IFFCO. 3. This writ petition was filed in the year 2023 against an impugned order, whereby services of petitioner were dispensed. 4. This Court has passed following order on 01.08.2025 :- "1. Case called out in the first round. 2. Learned counsel for the petitioner is not present. Ms. Sushmita Mukherjee, learned counsel for the respondents is present. 3. Ms. Sushmita Mukherjee, learned counsel for the respondents raised a preliminary objection regarding maintainability of the writ petition. Submission is that the Division Bench of this Court in Jyoti Kumar Malviya Vs. Indian Farmers Fertilisers Co-operative Limited & Ors. 2006 (4) ALJ 71 (DB) has already held that IFFCO is not an instrumentality of State and the said judgment is being consistently followed by this Court dismissing the writ petitions of identical nature permitting the concerned petitioners to raise their claims in appropriate proceedings. 4. Reliance has been placed upon certain orders of the co-ordinate benches of this Court. 5. Since learned counsel for the petitioner is not present the matter is adjourned for the day. 6. List this matter on 12.08.2025 amongst top ten cases before appropriate bench. 7. On the next date fixed learned counsel for the petitioner shall satisfy the Court regarding maintainability of the writ petition. 8. Since learned counsel for the petitioner is not present, Ms. Sushmita Mukherjee, learned counsel for the respondents undertakes to serve a copy of this order upon learned counsel for the petitioner within a week. " 5. Learned counsel for petitioner has not able to dispute the legal position as referred in Jyoti Kumar Malviya Vs. Indian Farmers Fertilisers Co-operative Limited & Ors. 2006 (4) ALJ 71 (DB) that IFFCO cannot be said to be an instrumental of the State. 6. Learned counsel for petitioner submits that later on amendments were made in the Constitution of India, whereby Multi State Co-operative Societies Act are given constitutional status and as such writ petition would be maintainable. 7. Learned counsel further submits that the order in Jyoti Kumar Malviya (supra) was challenged that at behest of petitioner wherein in Civil Appeal No. 3062 of 2006, which was disposed of by an order dated 19.04.2018, keeping the question of law open and relief sought was essentially granted. 8. I have considered above submissions. At this stage, the Court is bound by order passed by Division Bench of this Court in Jyoti Kumar Malviya (supra). So far as subsequent event is concerned, the Court is not taking note of it since Jyoti Kumar Malviya (supra) was though challenged before the Supreme Court and without interfering with it, it was disposed of keeping the question of law of it which may be decided by Supreme Court as and when the issue arose. 9. In the aforesaid circumstances, the Court cannot take any contrary view to Jyoti Kumar Malviya (supra). Accordingly, this writ petition is dismissed being not maintainable. Order Date :- 12.8.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad