Allahabad High Court
SMT. USHA DEVI MAURYAversusSTATE OF U.P. AND 7 OTHERS
- Decided
- Bench
- DINESH PATHAK
Holding
The writ petition is dismissed as misconceived and devoid of merits.
Summary
The petitioner, Smt. Usha Devi Maurya, challenged Resolution No. 14 dated 23.03.2023 of the Committee of Management of Zila Sahakari Bank Ltd., Mau, which proposed the absorption of a collection staff member and a Class‑IV employee into the bank. The bank’s Secretary/CEO requested the Assistant Commissioner‑cum‑Assistant Registrar Co‑operative to allocate the two employees, who were attached to the bank on 11.04.2023. The petitioner argued that the resolution and subsequent absorption violated her rights, but she herself became Vice‑Chairman of the Committee after the resolution was passed. The Court noted that a mere proposal or requisition does not create an enforceable right or cause of action, and the petition was filed after an inordinate delay of 1,049 days. Consequently, the Court held the writ petition to be misconceived and without merit and dismissed it.
Issues considered
- Whether a resolution proposing the absorption of staff creates an enforceable right for the petitioner to challenge it
- Whether the petitioner, as a later‑appointed Vice‑Chairman, has standing to contest the earlier resolution
- Whether the delay of 1,049 days bars the writ petition
Subjects
- writ petition
- co‑operative bank
- resolution
- absorption of staff
- delay
- administrative action
- standing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 7257 of 2026
Smt. Usha Devi Maurya
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Umesh Singh
Counsel for Respondent(s) : Anil Kumar Pandey, C.S.C.
Court No. - 33
HON'BLE DINESH PATHAK, J.
1. Heard learned counsel for the petitioner; learned Standing Counsel
representing State-respondents No. 1 to 6 and Sri Anil Kumar Pandey,
learned counsel for the respondents No. 7 and 8, and perused the record on
board.
2. As per the endorsement made by Reporting Section, there is a delay of
1049 days in filing the instant writ petition.
3. The petitioner is aggrieved by the Resolution No. 14 dated 23.03.2023,
whereby the Committee of Management, Zila Sahakari Bank Ltd., Mau,
resolved that a formal requisition be submitted for the absorption of one
Collection Staff member and one Class-IV employee, and that their salaries,
allowances, and other emoluments henceforth be borne by the Bank. The
Bank Secretary was also authorized to undertake the necessary follow-up
actions in this regard.
4. A perusal of the record reveals that, in pursuance of the aforesaid
Resolution dated 23.03.2023, the Secretary/Chief Executive Officer, District
Co-operative Bank Ltd., Mau requested the Assistant Commissioner-cum-
Assistant Registrar Co-operative, District Mau for making available one
Collection Staff/Class-IV employee to the bank. Pursuant thereto, Mr.
Baijnath Yadav and Smt. Israwati Rai were allotted/attached to the Bank by
order dated 11.04.2023. The Resolution dated 23.03.2023 merely indicates
that a proposal was made to submit a requisition for the
appointment/absorption of one Collection Staff and one Class-IV employee.
Mere issuance of a proposal, requisition, or request letter does not, by itself,
confer any enforceable right or give rise to a cause of action in favour of the
WRIA No. 7257 of 2026
2
petitioner. Moreover, the present petitioner, who is assailing the Resolution
dated 23.03.2023 and the absorption of Mr. Baijnath Yadav and Smt.
Israwati Rai, herself came to be appointed as Vice-Chairman of the
Committee of Management, District Co-operative Bank Ltd., vide order
dated 29.12.2023. i.e., subsequent to the aforesaid resolution dated
23.03.2023. There appears to be no justification for challenging the
Resolution dated 23.03.2023, that too at such a highly belated stage. The
explanation offered in paragraph No. 28 and 29 of the writ petition do not
appear to be satisfactory.
5. As such, instant writ petition, being misconceived and devoid of merits, is
dismissed.
May 14, 2026
vinay
(Dinesh Pathak,J.)
Digitally signed by :-
VINAY KUMAR
High Court of Judicature at Allahabad
Checking your session…