B.AMIT STHALEKAR,J. - (1.) Heard Sri. Prakash Padia, learned counsel for the petitioner, Sri. D.P. Singh, learned counsel for the respondents no. 2 and 3, Sri. Shiv Nath Singh, learned counsel for the respondent no.4 and the learned Standing Counsel for the respondent no.1. The petitioner in the writ petition is seeking grant of annual increments which is due to her since June, 2006 as well as promotional pay scale which was paid by the respondents to similarly situated Class-IV employees.
(2.) The petitioner is the widow of one late Madan Gopal Singh who was working under the respondent no.2 and died while in service. She was given appointment on compassionate ground by an order dated 4.5.1995, Annexure-1 to the writ petition. By an order dated 18.6.1998, Annexure-3 to the writ petition, her services were regularised. By an order dated 4.9.1998, Annexure-4 to the writ petition, her services were terminated on the ground that same had not been approved by the Cooperative Institutional Services Board. This order of termination was recalled by an order dated 27.5.1999, Annexure-6 to the writ petition. The petitioner has, thereafter continuously worked in the department.
(3.) A dispute arose with regard to payment of backwages for the period when the petitioner was out of service. She approached the labour court and an agreement was drawn up between the petitioner and the District Cooperative Bank, Jaunpur and under the terms and conditions as drawn up by the labour court she was paid all her back wages along with other benefits for the period of unemployment vide order dated 20.8.1999, Annexure7 to the writ petition. This order further mentions that she would be entitled to all consequential benefits such as salary as well as new pay scale, annual increments, gratuity, insurance PF including bank contribution. By another order dated 31.3.2006, the services of the petitioner were regularised in view of the letter of the Cooperative Institutional Services Board (hereinafter referred to as 'the Board') dated 5.4.2003, Annexure-8 to the writ petition. Thereafter, when the petitioner claimed the benefits of annual increment as claimed in the writ petition, a recommendation was also made on 1.5.2017, Annexure-15 to the writ petition, by the Joint Commissioner and Joint Registrar, Cooperative, Varanasi Division. In the counter affidavit which has been filed on behalf of the respondents no. 2 and 3, it is stated that the relief claimed by the petitioner in the writ petition can be granted to her only if the same is approved by the Board and reference has also been made to a letter dated 23.10.2013 of the Board raising a query as to whether the appointment of the petitioner has been made after obtaining approval of the Board and if not, then how the appointment on compassionate ground was given to her. Sri. Prakash Padia, learned counsel for the petitioner submits that when the services of the petitioner stood regularised under the letter of the Board dated 5.4.2003, as referred in the letter dated 31.3.2006, it cannot, at this stage after 22 years, be questioned as to whether the initial appointment of the petitioner in 1995 was made with the approval of the Board. Sri. D.P. Singh, learned counsel for the respondents no. 2 and 3, however, sought to justify the order dated 1.5.2017 but at the same time has submitted that the matter has been referred to the Registrar, Cooperative Societies for giving appropriate directions in the matter.;