Basant Kumar Pandey and 6 Others v. State of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 14367 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioners, Mr. Alok Sharma, learned counsel for respondent no. 2, Mr. B.P. Singh, learned counsel for respondent no. 4 and Dr. Uday Veer Singh, learned counsel for respondent nos. 1 & 3 and perused the record. Instant petition has been filed with the following prayers:- " (1) That by issuing a writ, order or direction, in the nature of Mandamus, the O.P.No.2 may kindly be commanding to release funds for payment of arrears of salary of the petitioners as per the demand of O.P.No.4 contained in Annexure No.1 to the writ petition from 01.06.03 till the of their retirement date as per the recommendations of the Vth, VIth&VIIth Pay Commission granting benefit of Division Bench Judgment dated 26.09.2022 and Judgment dated 11.03.2024 contained in Annexure No. 2 & 5 respectively.

(ii) That by issuing a writ, order or direction, in the nature of Mandamus, the arrears of salary may kindly be directed to be paid with interest at market rate from the date it became due till the date of actual payment.

(iii) That any other order or direction, as may be deemed fit and proper in the facts and circumstances of the writ petition may also be passed in favour of the petitioner.

(iv) That the cost, of the Writ Petition may kindly be allowed in favour of the petitioner against the Opp. Parties." The contention put forth by learned counsel for the petitioner is that the respondent no. 4 had submitted the bill in month of November, 2020 pertaining to the present petitioners as well as the other identically situated Versus Counsel for Petitioner(s) : Vimal Kumar Counsel for Respondent(s) : C.S.C. Basant Kumar Pandey And 6 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Cooperative Deptt. Lko. And 3 Others .....Respondent(s) persons, wherein, the other identically situated persons have been given the said recommended amount whereas, the present petitioners have been deprived of. He submitted that this issue has already been settled by virtue of judgment and order passed in Writ A No. 9736 of 2023 on 11.03.2024. After arguing at length, learned counsel for the petitioner submits that the interest of justice would be sub-served if this Hon'ble Court may be pleased to permit the petitioners to raise their claim before the respondent no. 2 and he may be directed to consider & decide the same, within stipulated period of time as may be fixed by this Court. Learned counsel for the opposite parties have no objection to the contention aforesaid. Be that as it may, without entering into the merit of the case, the petitioners are given liberty to move fresh representation, within period of 10 days before respondent no. 2, while raising all the claims and if such claim is raised within aforesaid period of time, the respondent no. 2//Managing Director, State Cadre Authority, U.P. Primary Agricultural Cooperative Credit societies, Centralized Service, U.P. Cooperative Bank, U.P. Cooperative Building, Lucknow, is hereby directed to consider and decide the same, within further period of six weeks, looking into the fact that all the other identically situated persons have been paid the amount as was recommended by the letter dated November, 2020, appended as annexure no. 1 alongwith writ petition, from the date, a certified copy of this order is produced before him. Needless to say that if any proceeding is to be undertaken with respect to facilitate the aforesaid amount to be disbursed to the petitioners, the responded no. 3/Commissioner & Registrar, Cooperative, U.P. Lucknow, shall also cooperate in the same. With the aforesaid observations, the instant petition is disposed of. December 16, 2025 Mayank WRIA No. 14367 of 2025 (Shree Prakash Singh,J.) High Court of Judicature at Allahabad, Lucknow Bench