Surya Narayan Pandey v. Shri Rajesh Kumar Singh, Prin. Secy. Cooperative, Govt. Of U.P., Lko. And Others

Heard Sri Asit Chaturvedi learned Senior Counsel along-with Sri Rajesh Kumar Awasthi learned counsel for the petitioner and Sri Mohit Jauhari learned counsel for the respondent no. 5. The record indicates that a co-ordinate Bench of this Court on 29.8.2025 had passed the following order, which reads as under :- "1. Compliance affidavit has been filed by opposite party no. 5, which is taken on record.

2. Learned State Counsel, on the basis of instructions, has submitted that it is expected that payment in actual will be credited in the account of the applicant within a period of three weeks.

3. As such, three weeks' time is granted to learned State counsel for filing compliance affidavit, failing which, the opposite party no. 5 shall appear in person.

4. List this case in the week commencing 22.09.2025". Today an affidavit has been filed on behalf of the District Magistrate, Ayodhya i.e. respondent no. 5 who is also present in person. Sri Mohit Jauhari, learned counsel appearing for the respondent no. 5 has pointed out that insofar as the order passed by the writ court is concerned the same has been complied with in its letter and spirit. It is pointed out that as per the order passed by the writ court the services which were 2 CAPL No. 3250 of 2024 rendered by the petitioner on commission basis was to be treated at par with substantively appointed government servants and a further direction was issued that the respondents would pay retiral benefits along-with all other concomitant benefits to the petitioner treating the service of the petitioner rendered by him even as Kurk Amin on commissioned basis to be of substantive nature. Relevant orders and actual payment of such benefit shall be ensured within a period of four months from the date a certified copy of this order was produced before the concerned authority. However, for the sake of clarity, para 21 of the order passed by the writ court dated 2.2.2024 in Writ A No. 14906 of 2018 is being being reproduced herein-after only for the purpose that it may not create any doubt in mind of either of the parties regarding intent of the writ court while passing the said order. "21. In view of discussion made hereinabove, it being apparent that petitioner despite being a Kurk Amin appointed on commission basis was required to be treated at par with substantively appointed Government servants, the impugned orders dated 15.02.2018 as well as 05.11.2018 are hereby quashed by issuance of a writ in the nature of certiorari. A further writ in the nature of mandamus is issued commanding the opposite parties to pay retiral benefits along with all other concomitant benefits to petitioner treating the period of service rendered by him even as a Kurk Amin on commission basis to be of substantive nature. Relevant orders and actual payment of such benefits shall be ensured within a period of four months from the date a certified copy of this order is produced before the concerned authority". Since the said order passed by the writ court was not complied with, as such, the instant contempt petition was initiated wherein notices were issued. Apparently till date the amount as required to be paid has not been released to the petitioner. The District Magistrate has filed his short counter affidavit wherein in paragraph nos. 9, 10 and 11 it has been stated that as per Section 6 of the Uttar Pradesh Co-operative Collection Fund and Amin and Other Employees Services Rules, 2002 the amount which has to come is from the office of the Assistant Registrar who has to prepare a budget and the 3 CAPL No. 3250 of 2024 same is to be sent for approval of the Registrar and after the approval, if necessary, the Registrar is to authorize the Uttar Pradesh Co-operative Bank to transfer on the State account to the district account concerned in accordance with the budget of expenditure approved. Reference has also been made to Section 21 and in light of the aforesaid provisions it is stated that the respondent no. 5 had sent a letter dated 9.9.2025 to the Commissioner and Registrar, U.P. Co-operative Society to release the funds for payment of dues payable to the petitioner, however he was informed that only a sum of Rs. 11700/- is left in the District Co-operative Amin Fund and as soon as the funds is received the order of the Court will be complied with. It is on the strength of the aforesaid averments that it is urged that in insofar the District Magistrate is concerned though he is appointing authority but he has done all what he could and once he receives the fund he would be in position to release the said funds in favour of the petitioner. Having taken note of the aforesaid, a fact which cannot be disputed is that the order passed by the writ court has not been complied with inasmuch as the order not only directed the authorities to take note of the earlier services rendered by the petitioner but also directed that after consideration pay the retiral benefits. Merely carrying out part of the direction does not amount to compliance. By sending a letter on 9.9.2025 the District Magistrate cannot be absolved of his responsibility of complying with the order passed by the writ court which relates to 2.2.2024. As per the order passed by the writ court the entire exercise was to be complied with within four months and within that period as granted by the Court, no effort was made at all. The entire exercise appears to have been triggered once the notices for contempt were issued and thereafter the authorities have been called upon in person to appear before the Court. It appears that the authorities do not comply with the order of the court with sincerity and it is only when they are put to some coercive measures they start moving. This is one of such cases. 4 CAPL No. 3250 of 2024 The record also reveals that merely by writing letter and not receiving the funds and stating once it receives the fund it could be paid, this cannot be a ground for State authority. The State is to act as a responsible and a model employer. A person who has given his life to his service of the Sate and when it is the time for pay back, the State behaves in such a manner making a person to run from pillar to post cannot be appreciated. In the given facts and circumstances, this Court is not satisfied with the submission or the contention of respondent no. 5 that as far as the District Magistrate is concerned he has complied with the order. Merely writing a letter does not appear to be a bona fide or due diligence for complying with the order from an officer of the rank of the District Magistrate. Be that as it may since there appears to be dilly dallying between the District Magistrate and the authorities of the Co-operative Department who are supposed to have released the funds, hence any order to ensure that the order of the Court is complied with in its true letter and spirit, this Court directs the counsel for the petitioner to implead Saurabh Babu, Principal Secretary, Co-operative as a party to this proceeding. A copy of this petition and order shall be served on Sri Saurabh Babu through the District Magistrate. The Principal Secretary, Co-operative shall join the proceedings through the video conference on 29.10.2025 and shall explain as to why the retiral benefits have yet not been paid to the petitioners. It will be open for the Principal Secretary, Co-operative to examine as to why the orders passed by the Court have not been complied with and if he is of the opinion that any officer Subordinate in his department has not carried out his duties with due diligence to give effective implementation to the order passed by the High Court, he will be entitled to take suitable action. It is to be observed that merely because there is interaction between two government departments cannot be a ground for not complying with the orders passed by the High Court. The District Magistrate who is present in person today shall also appear in person on the next date. 5 CAPL No. 3250 of 2024 (Jaspreet Singh,J.) List on 29.10.2025. September 26, 2025 kanhaiya

Heard Sri Asit Chaturvedi learned Senior Counsel along-with Sri Rajesh Kumar Awasthi learned counsel for the petitioner and Sri Mohit Jauhari learned counsel for the respondent no. 5. The record indicates that a co-ordinate Bench of this Court on 29.8.2025 had passed the following order, which reads as under :- "1. Compliance affidavit has been filed by opposite party no. 5, which is taken on record.

2. Learned State Counsel, on the basis of instructions, has submitted that it is expected that payment in actual will be credited in the account of the applicant within a period of three weeks.

3. As such, three weeks' time is granted to learned State counsel for filing compliance affidavit, failing which, the opposite party no. 5 shall appear in person.

4. List this case in the week commencing 22.09.2025". Today an affidavit has been filed on behalf of the District Magistrate, Ayodhya i.e. respondent no. 5 who is also present in person. Sri Mohit Jauhari, learned counsel appearing for the respondent no. 5 has pointed out that insofar as the order passed by the writ court is concerned the same has been complied with in its letter and spirit. It is pointed out that as per the order passed by the writ court the services which were 2 CAPL No. 3250 of 2024 rendered by the petitioner on commission basis was to be treated at par with substantively appointed government servants and a further direction was issued that the respondents would pay retiral benefits along-with all other concomitant benefits to the petitioner treating the service of the petitioner rendered by him even as Kurk Amin on commissioned basis to be of substantive nature. Relevant orders and actual payment of such benefit shall be ensured within a period of four months from the date a certified copy of this order was produced before the concerned authority. However, for the sake of clarity, para 21 of the order passed by the writ court dated 2.2.2024 in Writ A No. 14906 of 2018 is being being reproduced herein-after only for the purpose that it may not create any doubt in mind of either of the parties regarding intent of the writ court while passing the said order. "21. In view of discussion made hereinabove, it being apparent that petitioner despite being a Kurk Amin appointed on commission basis was required to be treated at par with substantively appointed Government servants, the impugned orders dated 15.02.2018 as well as 05.11.2018 are hereby quashed by issuance of a writ in the nature of certiorari. A further writ in the nature of mandamus is issued commanding the opposite parties to pay retiral benefits along with all other concomitant benefits to petitioner treating the period of service rendered by him even as a Kurk Amin on commission basis to be of substantive nature. Relevant orders and actual payment of such benefits shall be ensured within a period of four months from the date a certified copy of this order is produced before the concerned authority". Since the said order passed by the writ court was not complied with, as such, the instant contempt petition was initiated wherein notices were issued. Apparently till date the amount as required to be paid has not been released to the petitioner. The District Magistrate has filed his short counter affidavit wherein in paragraph nos. 9, 10 and 11 it has been stated that as per Section 6 of the Uttar Pradesh Co-operative Collection Fund and Amin and Other Employees Services Rules, 2002 the amount which has to come is from the office of the Assistant Registrar who has to prepare a budget and the 3 CAPL No. 3250 of 2024 same is to be sent for approval of the Registrar and after the approval, if necessary, the Registrar is to authorize the Uttar Pradesh Co-operative Bank to transfer on the State account to the district account concerned in accordance with the budget of expenditure approved. Reference has also been made to Section 21 and in light of the aforesaid provisions it is stated that the respondent no. 5 had sent a letter dated 9.9.2025 to the Commissioner and Registrar, U.P. Co-operative Society to release the funds for payment of dues payable to the petitioner, however he was informed that only a sum of Rs. 11700/- is left in the District Co-operative Amin Fund and as soon as the funds is received the order of the Court will be complied with. It is on the strength of the aforesaid averments that it is urged that in insofar the District Magistrate is concerned though he is appointing authority but he has done all what he could and once he receives the fund he would be in position to release the said funds in favour of the petitioner. Having taken note of the aforesaid, a fact which cannot be disputed is that the order passed by the writ court has not been complied with inasmuch as the order not only directed the authorities to take note of the earlier services rendered by the petitioner but also directed that after consideration pay the retiral benefits. Merely carrying out part of the direction does not amount to compliance. By sending a letter on 9.9.2025 the District Magistrate cannot be absolved of his responsibility of complying with the order passed by the writ court which relates to 2.2.2024. As per the order passed by the writ court the entire exercise was to be complied with within four months and within that period as granted by the Court, no effort was made at all. The entire exercise appears to have been triggered once the notices for contempt were issued and thereafter the authorities have been called upon in person to appear before the Court. It appears that the authorities do not comply with the order of the court with sincerity and it is only when they are put to some coercive measures they start moving. This is one of such cases. 4 CAPL No. 3250 of 2024 The record also reveals that merely by writing letter and not receiving the funds and stating once it receives the fund it could be paid, this cannot be a ground for State authority. The State is to act as a responsible and a model employer. A person who has given his life to his service of the Sate and when it is the time for pay back, the State behaves in such a manner making a person to run from pillar to post cannot be appreciated. In the given facts and circumstances, this Court is not satisfied with the submission or the contention of respondent no. 5 that as far as the District Magistrate is concerned he has complied with the order. Merely writing a letter does not appear to be a bona fide or due diligence for complying with the order from an officer of the rank of the District Magistrate. Be that as it may since there appears to be dilly dallying between the District Magistrate and the authorities of the Co-operative Department who are supposed to have released the funds, hence any order to ensure that the order of the Court is complied with in its true letter and spirit, this Court directs the counsel for the petitioner to implead Saurabh Babu, Principal Secretary, Co-operative as a party to this proceeding. A copy of this petition and order shall be served on Sri Saurabh Babu through the District Magistrate. The Principal Secretary, Co-operative shall join the proceedings through the video conference on 29.10.2025 and shall explain as to why the retiral benefits have yet not been paid to the petitioners. It will be open for the Principal Secretary, Co-operative to examine as to why the orders passed by the Court have not been complied with and if he is of the opinion that any officer Subordinate in his department has not carried out his duties with due diligence to give effective implementation to the order passed by the High Court, he will be entitled to take suitable action. It is to be observed that merely because there is interaction between two government departments cannot be a ground for not complying with the orders passed by the High Court. The District Magistrate who is present in person today shall also appear in person on the next date. 5 CAPL No. 3250 of 2024 (Jaspreet Singh,J.) List on 29.10.2025. September 26, 2025 kanhaiya