MUNNA LAL SHARMA Vs. STATE OF U P

JUDGEMENT

(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:-

(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.