AYODHYA RAI Vs. STATE OF U P

JUDGEMENT

(1.) -The petitioners eight in numbers have approached this Court by means of the present writ petition under Article 226 of the Constitution of India, assailing the orders dated 13.1.2005, and 23.2.2005 placing the petitioners under suspension in a contemplated enquiry.

(2.) ALL the petitioners are working as Secretaries in various Primary Agriculture Credit Co-operative Societies. Their service conditions are governed by the U. P. Primary Agriculture Credit Co-operative Societies, Centralized Service Rules. 1976 (hereinafter referred to as 1976 Rules) and U. P. Primary Agriculture Credit Co-operative Societies Centralized Service Regulations, 1978 (hereinafter referred to as 1978 Regulations). The petitioners claim that they were not paid salary since November, 2002, causing serious financial crisis and difficulty to them for managing their affairs and family liabilities. They approached the higher authorities time and again, but the same was not attended at all. Thereafter, the Union of Secretaries of Primary Agriculture Credit Cooperative Societies resolved to proceed on strike w.e.f. 7.1.2005 to press their demand including payment of salary and ultimately they went on strike. ALL the petitioners claimed to be the office-bearers of their Union and it is averred that the higher authorities got annoyed from the petitioners strike which they had resorted to press their demand with respect to payment of salary, and in furtherance of annoyance, the respondent No. 4 issued a circular dated 11.1.2005, notifying that since the elections of Co-operative Societies are to be held on 16/17.1.2005, therefore, all the Secretaries, In-charge, Directors, and other employees of various Co-operative Societies are to ensure their presence for smooth conduct of election and ensure working of the office on 15/16/17.1.2005.

(3.) HOWEVER, by means of the impugned orders dated 13.1.2005 and 23.2.2005 all the petitioners have been placed under suspension therefore, the present writ petition has been filed.