DHANIRAM PATEL Vs. STATE OF M.P.

JUDGEMENT

(1.) The petitioner was terminated from service by order dated 08/04/1997. The petitioner assailed it before Joint Registrar (Judicial) Co-operative Societies, Jabalpur in dispute No. 55(2)-107/2008 decided on 30/03/2013. The termination order dated 08/04/1997 was set aside and petitioner was directed to be reinstated without backwages. In turn, by order dated 30/05/2013 (Annexure-P/2), the petitioner was given fresh appointment. Criticizing this Order, Shri Sanyal submits that this order runs contrary to the order dated 30/03/2013 (Annexure-P/1), which has attained finality. The respondent No.2 was required to "reinstate" the petitioner and not "appoint" him.

(2.) Shri Pandey, learned counsel for the respondent No.2 raised singular contention. He submits that the appropriate remedy for the petitioner is to approach a Court established under Section 55(2) of the Cooperative Societies Act. On merits, he did not advance any contention. I have heard learned counsel for the parties at length.

(3.) In the opinion of this Court, the contention of Shri Sanyal has substance. The objection raised by other side needs to be overrulled for simple reasons that the point involved in this case has already been decided by a direction to "reinstate" the petitioner. There is no factual dispute or legal conundrum, which may compel this Court to relegate the petitioner to avail the remedy under the Co-operative Societies Act.