KALAMUDDIN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Siddhartha Khare, learned counsel for the petitioners, and Sri Ajit Kumar Singh, Additional Advocate General assisted by Sri Sudhanshu Srivastava for the respondent no. 1 and 2, and Sri O. P. Singh, learned Senior Advocate assisted by Sri Sujit Kumar Rai for the respondent no. 5 and 6, and Sri Navin Sinha, learned Senior Advocate again assisted by Sri Sujit Kumar Rai for the respondent nos. 3 and 4.

(2.) All of the above petitions are connected and are being taken up together as they involve identical issues. There are a total of 378 petitioners before this Court. All of them have challenged Circular dtd. 17/9/2021 issued by the Commissioner and Registrar Cooperatives U.P. Lucknow and also the communication of the Deputy General Manager (Administration) of U.P. State Nirman Sahkari Sangh Limited Lucknow (hereinafter referred to as "Sangh") and the notice dtd. 22/2/2022 issued by the Superintendent Engineer, and have prayed for a Mandamus to be issued to the respondents not to interfere in the working of the petitioners as Sahyogis/Clerks/Junior Engineers /Assistant Engineers, and to pay them their regular monthly emoluments and not to cause any break in the continuity of the service of the petitioners, and to continue the petitioners till the requirement of work continues to exist. A further prayer has been made to restrain the respondents from replacing the petitioners by Contract employees engaged through service providers.

(3.) We will take the facts of the leading case of Kamal Uddin and Others Vs. State of U.P. and Others, as they cover almost all the grounds and other Writ Petitions are also of similar nature. In the Writ Petition it has been submitted that U. P. Rajya Nirman Sahakari Sangh/ U.P. State Construction Cooperative Sangh Ltd Lucknow, is an Apex Level Cooperative Society registered under the provisions of the U.P. Cooperative Societies Act, 1965. Its service conditions of employees are governed by U.P. Cooperative Institutional Service Board which has framed a set of Regulations known as U.P. Cooperative Societies Employees Service Regulations, 1975.