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High Court Of ChhattisgarhWPS/6686/2017disposed off

Padum Lal Soni v. State Of Chhattisgarh

2017-12-07Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6686 of 2017 Padum Lal Soni S/o Lalji Soni Aged About 78 Years R/o Kududand Thana Civil Lines Tahsil Bilaspur Civil & Revenue District Bilaspur Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary Department Of Co - Operative Society , Mahanadi Bhawan New Raipur District Raipur Chhattisgarh.

2. Bilaspur Griha Nirman Sahkari Samity Bilaspur Through Its Managing Director Bilaspur Griha Nirman Sahkari Samity Bilaspur Brihaspati Bazar Police Station Civil Line Bilaspur Chhattisgarh.

3. Registrar , Office Of Registrar, Co - Operative Society Block 03, Indrawati Bhawan , New Raipur District Raipur Chhattisgarh.

4. Deputy Registrar Office Of Deputy Registrar Co - Operative Society , Bilaspur Chhattisgarh.

---- Respondents Shri Vinod Deshmukh, counsel for the petitioner/s. Shri Shashank Thakur, Govt. Advocate for the State / respondents 1, 3 and 4 on advance copy.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 07/12/2017 The petitioner has filed this petition seeking a direction to the respondents to release the retiral dues and other consequential benefits from the date of termination till the date of attaining the age of superannuation on the ground that the petitioner, later on, having been acquitted from all the criminal charges, he is entitled to be deemed to be continued in service and therefore, entitled to all consequential benefits and retiral dues.

2.

It is submitted that the petitioner was an employee of Cooperative Society and he has a remedy of raising dispute under Section 55 (2) of the Cooperative Societies Act, 1960 before the Registrar.

3.

The petitioner has already submitted a detailed representation before the Deputy Registrar which should be decided either by the Deputy Registrar, if he is competent or it should be forwarded to the Registrar for appropriate decision on the claim of the petitioner, on its own merits. 4.

Considering that the petitioner had already attained the age of superannuation and is aged about 78 years, the competent authority shall do well to decide the case of the petitioner within an outer limit of four months from the date of receipt of copy of this order.

5.

The petition is accordingly finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti