Rajendra Singh Yadav v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 3203 of 2021 Rajendra Singh Yadav S/o Late Shri N. R. Yadav, Aged About 62 Years, R/o Ward No. 10, Shankar Nagar, Mahamaya Road, Kumhari, Police Station Kumhari, Tahsil And District Durg, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Animal Husbandry, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur, Chhattisgarh

2. Managing Director, Office Of Chhattisgarh State Cooperative Milk Federation, Village Urla, Post B.M.Y. Charoda, District Durg Chhattisgarh

3. Deputy General Manager (Personnel And Administration), Office Of Chhattisgarh State Cooperative Milk Federation, Village Urla, Post B.M.Y. Charoda, District Durg, Chhattisgarh

4. Deputy Registrar, Cooperative Societies, Raipur, District Raipur Chhattisgarh ---- Respondents For Petitioner :

Mr. Keshav Prasad Gupta, Advocate For State :

Ms. Akanksha Jain, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 02.07.2021

1. Aggrieved by the inaction on the part of the respondents 2 & 3 so far as the non-settling of retiral dues payable to the petitioner is concerned, the present writ petition has been filed.

2. Perusal of the record would show that the petitioner has already at the behest of an order passed by this Court availed the remedy available under the provisions of the Cooperative Societies Act. The petitioner had raised a dispute before the respondent no.4-the Deputy Registrar who vide order dated 31.12.2020 passed an order in favour of the petitioner ordering the respondents 2 & 3 to pay the retiral dues to the petitioner within a stipulated period. According to the petitioner, though more than 6 months have passed, the respondents 2 & 3 have not complied the order of the Deputy Registrar and the petitioner has also meanwhile moved an appropriate application before the respondent no.4 for getting the order dated 31.12.2020 executed, on which also there is no further development.

3. On a query being put to the learned counsel for the petitioner as to whether the order dated 31.12.2020 has been subjected to challenge or not, he submits that as per the instruction that he has received the said order has not been challenged by any of the parties and the same by efflux of time has attained finality.

4. Given the said submission by the counsel for the petitioner, this Court is of the opinion that ends of justice as of now would meet if the respondent no.4 is directed to ensure that the application of the petitioner Annexure P-4 which he has filed before the respondent no.4 on 16.03.2021 is entertained and decided ensuring that the order of the Deputy Registrar dated 31.12.2020 is complied with in its letter and spirit at the earliest. It is expected that the respondent no.4 shall conclude the proceedings in accordance with law at the earliest

preferably within a period of 60 days from the date of receipt of copy of this order.

5. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge Khatai