Siddharth, J. - (1.) Heard Sri Sujit Kumar Rai, learned Counsel for the petitioners and Sri Ravi Shankar Prasad, learned Counsel for the respondents.
(2.) The petitioners, Committee of Management, District Co-operative Bank Ltd., Kanpur and Secretary and Chief Executive Officer, District Co-operative Bank Ltd. Kanpur have filed this writ petition, praying for quashing of the order dated 07.06.2016, passed by respondent no.2, Joint Commissioner and Joint Registrar, Co-operative Societies, U.P., Kanpur Division, Kanpur, whereby, the respondent no.3, Madan Chandra Gupta, former Cooperative Supervisor has been granted certain service benefits.
(3.) The brief facts of the petition are that the District Cooperative Bank Ltd., Kanpur is a registered Central Cooperative Society, registered under the U.P. Co-operative Societies Act, 1965 and the service conditions of the employees are governed by the provisions of U.P. Cooperative Societies Employees Service Regulation, 1975. The respondent no.3 was appointed on the post of Cooperative Supervisor in the year 1978 and by the order dated 06.12.1987, he was attached by the District Assistant Registrar, Cooperative Societies/Chairman, District Committee Provincial Cooperative Union, Kanpur to District Cooperative Bank, Kanpur for recovery purposes. As per Circular dated 08.01.1988 issued by the Additional Registrar (Banking) Supervisors have been taken on deputation in the Banks. By another Circular dated 01.04.1988 issued by the Registrar, Cooperative Societies whereby it was provided that the salary of the employees on deputation will not be less than the salary of their original post. The respondent no.3 filed a Writ Petition No.40003 of 1993 praying for direction to absorb him in the services of Zila Sahakari Bank Ltd., Kanpur. By the order dated 31.08.1998, the respondent no.3 was transferred to Shivrajpur Branch but it was cancelled and he was attached to the Head Ofice by the order dated 04.09.1998, which was stayed by this Court in Writ Petition No.29847 of 1998. His pay was fixed by the Deputy Registrar, Cooperative Societies, Kanpur by the order dated 23.05.2002 in pursuance of the order dated 17.10.2000 passed by the Managing Director, U.P. Cooperative Union, Lucknow. The respondent no.3 attained the age of superannuation on 31.12.2011. In the aforesaid writ petition, the petitioner sought amendment in the prayer for a direction to the respondents to revise his pay scale and post retiral benefits in the pay scale of Rs.6300-17580 payable to Branch Manager, Class-II in writ petition no.29847 of 1998. The Amendment Application of the petitioner was rejected but relying upon the order dated 23.05. 2002 whereby the salary of the respondent no.3 was fixed, this Court disposed off the writ petition by the order dated 11.04.2016 for deciding the claim of the petitioner for salary and post retiral dues by the competent authority, respondent no.2, Joint Commissioner and Joint Registrar, Cooperative Societies, Kanpur.;