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2025 DAILYLAW 66578 (ALL)

OM PRAKASH YADAV v. SADHAN SAHKARI SAMITI LTD. AND ANOTHER

WRIA/8280/2025 · 2025-07-02

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:103422 Court No. - 5 Case :- WRIT - A No. - 8280 of 2025 Petitioner :- Om Prakash Yadav Respondent :- Sadhan Sahkari Samiti Ltd. And Another Counsel for Petitioner :- Dilip Kumar Yadav Counsel for Respondent :- Mahesh Narayan Mishra Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Dilip Kumar Yadav, learned counsel for the petitioner and Sri Mahesh Narayan Mishra, learned counsel for the respondents. 2. It is not under dispute that petitioner is a retired employee of U.P. Co-operative Societies and his salary has to be paid only from the funds generated by the U.P.Co-operative Society. 3. It is also not under dispute that salary of last 10/13 months of his services was not paid. 4. It is pointed out by learned counsel for the respondents that arrears of salary will be paid to the petitioner as soon as funds are generated. 5. During arguments allegations are made against the petitioner that he has not worked properly. However, Court is not entering into it since no proceedings were initiated during his service period. 6. In the aforesaid circumstances and in absence of funds, Court cannot issue mandamus to grant arrears of salary to the petitioner within a stipulated period. However, since respondents are under legal obligation to pay the arrears of outstanding salary to the petitioner, therefore, all endeavour will be taken to clear the same within a short period. 7. With the aforesaid observation, this writ petition is disposed of. Order Date :- 3.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad