- (1.) Heard Shri Arun Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 to 3,Shri Sujeet Kumar Rai, learned counsel respondent No.4 and Shri A.K. Lal learned counsel for respondent No.5.
(2.) While working as Secretary of the Cooperative Society Bijnor, namely, Kisan Sewa Sahkari Samiti, Saidpur, District Bijnor, petitioner has suffered visual impairment and lost his eyesight resultantly he has acquired complete visual disability i.e. blindness. The petitioner started losing his eyesight in the month of September, 2006 and had become 100% visually disabled in February, 2009. He has applied for medical leave which was sanctioned for the period from 15.1.2007 to 16.1.2008 and 16.1.2008 to 30.6.2008 by the Secretary/General Manager, District Cooperative bank, Bijnor. His salary has not been paid, therefore, he has approached this Court by filing writ petition No. 49740 of 2010 which was disposed on 19.8.2010. The order passed by this Court is as under:- "Learned Standing Counsel represents respondent Nos.1 to 4. Issue notice to respondent No.5. The petitioner was serving as Cadre Secretary, Shadipur Kisan Sewa Cooperative Society Ltd. For the reasons, which could not be ascertained by the eye specialists, he started losing his eye sight. The petitioner could not recover even after treatment and has been certified to be 100% disabled on account of loss of vision in both the eyes [optic Atrophy both eye; visual disability 100% (hundred)] certified by the Chief Medical Officer, Udham Singh Nagar on 16.2.2009. He had proceeded on leave and was sanctioned 18 months' medical leave (from 15.1.2007 to 16.1.2008 and thereafter from 16.1.2008 to 30.6.2008) by the Secretary/General Manager, District Cooperative Bank, Bijnor. It is stated that inspite of sanction of leave and the protection given to him under Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995,(In short PWD Act, 1995) the society has not paid salary and has not provided a sheltered appointment to the petitioner. The petitioner has approached the Asstt. Registrar under Section 71 of the U.P. Cooperative Societies Act with an application dated 8.6.2010 for orders and recovery of arrears of salary from the society. All the respondents are allowed three weeks' time to file counter affidavit. The petitioner will have one week, thereafter, to file rejoinder affidavit. List on 27th September, 2010. In the meantime, we direct the Asstt. Registrar, Cooperative Society, U.P. Distt. Bijnor to conclude the proceedings under Section 71 of the U.P. Cooperative Societies Act within a month; he will ensure the payment of atleast half of the salary to the petitioner for the period for which the leave was sanctioned from 15.1.2007 to 16.1.2008 and thereafter from 16.1.2008 to 30.6.2008, to be credited to the bank account of the petitioner positively within one month."
(3.) Pursuant to the order of this Court dated 19.8.2010 petitioner's representation dated 8.6.2010 was considered and rejected vide order dated 12.9.2011 passed by the District Assistant Registrar, Cooperative Societies, Bijnor. Rejecting the claim of the petitioner for payment of salary the ground taken is that the petitioner was absent with effect from 1.7.2006 and decision has been taken by the Society to retire the petitioner on account of its bad financial condition. On 29.11.2011 District Administrative Committee has taken a decision to retire the petitioner from service. Consequently order dated 8.12.2011 was passed retiring the petitioner from service.;