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2023 Supreme(Del) 1495

JYOTI SINGH
Praveen Kumar Sharma – Appellant
Versus
Central Registrar Multi State Cooperative Societies – Respondent


Advocates appeared:
Mr. Milind M. Bhardwaj and Ms. Renu Mishra, Advocates, for the Petitioner.
Mr. Ruchir Mishra, Mr. Sanjiv Kumar Saxena, Mr. Mukesh Kumar Tiwari, Ms. Poonam Shukla, Ms. Reba Jena Mishra and Ms. Komal Sharma, Advocates for R-1.
Mr. Avinash Sharma and Ms. Akanksha Kapoor, Advocates for R-2 & 3.

Table of Content
1. petitioner seeks reinstatement after retirement. (Para 1)
2. maintainability of writ petition disputed. (Para 2 , 3)
3. court reviews maintainability objections. (Para 4 , 5)
4. court analyzes statutory obligations of society. (Para 6 , 7 , 8)
5. writ petition deemed not maintainable. (Para 9 , 10)

JUDGMENT

Jyoti Singh, J. (Oral)

1. Present writ petition has been filed by the Petitioner seeking a writ of Mandamus to Respondent No.1/Central Registrar, Multi State Co-operative Societies to issue directions to Respondents No.2 and 3 to withdraw the illegal acceptance of VRS application dated 01.08.2016 and reinstate the Petitioner on his post as Branch Manager-C with immediate effect. It is undisputed that Petitioner has retired on superannuation during the pendency of the writ petition in the year 2022.

2. At the outset, learned counsel appearing on behalf of Respondent No.2 takes a preliminary objection to the maintainability of this writ petition. It is submitted that Respondent No.2 is a Thrift and Credit Society registered and governed under the Multi State Co-operative Societies Act, 2002 (hereinafter referred to as `2002 Act') and the Rules framed thereunder as

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