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Neutral Citation No. - 2025:AHC:111883 Court No. - 5 Case :- WRIT - A No. - 9427 of 2025 Petitioner :- Rahul Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akshara Rai,Shivangi Rai,Sujeet Kumar Rai Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri Sujeet Kumar Rai, learned counsel for the petitioner and Sri B.M.Shukla, learned Standing Counsel.
2. Petitioner has come up with a case that vide resolution dated 20.12.2024, of Board of Directors of Committee of Management B-PACCS Vinayak, Block Gauri Bazar, District Deoria, through its Secretary, (respondent no.3), petitioner's name was adopted for appointment on the post of Incharge Secretary and was sent to the Assistant Commissioner/Assistant Registrar, Cooperative Societies, however, till date no decision is taken and instead thereof, by impugned order dated 31.1.2025, one Rajesh Singh, (respondent no.4) was granted additional charge of Incharge Secretary.
3. Learned counsel for the petitioner submits that for last many years, no Cadre Secretary has been appointed in terms of the provisions and in normal circumstances, an employee of Committee is discharging duties of Incharge Secretary of the Society and in no circumstances, an employee of other committee can be granted additional charge of Incharge Secretary of the Society and reason behind it is that all the societies have independent working.
4. Learned counsel for the respondents submits that he has not received complete instructions. However, if any proposal is pending before concerned respondent and there is no legal impediment, a reasoned decision will be taken within a short period.
5. In the aforesaid circumstances considering that resolution adopted in favour of the petitioner for appointment on the post of Incharge Secretary of concerned Society is still pending with
Assistant Commissioner & Assistant Registrar, Cooperative Societies, Deoria, (respondent no.2), therefore, this writ petition is
disposed of with a direction that said respondent shall take a reasoned decision within a period of six weeks and in case of any legal impediment, same shall be informed to the Committee of above referred Society. The appointment of respondent no.4 on the post of Incharge Secretary as Additional Charge shall remain subject to decision of respondent no.2.
Order Date :- 14.7.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad