WPSS/1348/2020
2021 Latest Caselaw 2633 UK

                   Office Notes, reports, orders
SL.                or proceedings or directions
          Date                                                       COURT'S OR JUDGES'S ORDERS
No                  and Registrar's order with
                           Signatures


      27.07.2021
                                                   WPSS No. 1348 of 2020
                                                   With
                                                   WPSS No. 1399/2020, WPSS No. 1453/2020,
                                                   WPSS No. 1454/2020, WPSS No. 1460/2020,
                                                   WPSS No. 1828/2020, WPSS No. 1854/2020,
                                                   WPSS No. 1902/2020, WPSS No. 369/2021,
                                                   WPSS No. 374/2021, WPSS No. 389/2021,
                                                   WPSS No. 434/2021, WPSS No. 485/2021,
                                                   Hon'ble Sharad Kumar Sharma, J.

(Via Video Conferencing) Mr. Harendra Belwal, Advocate, for the petitioner.

Mr. Sachin Mohan Singh Mehta, Brief Holder, for the State.

Mr. Subhash Upadhyay, Advocate, for Uttarakhand Cooperative Federation.

Mr. Ashish Joshi, Advocate, for Uttar Pradesh Cooperative Federation.

The pleadings have been exchanged and looking to the nature of controversy, which precisely being observed, that the claim of the petitioner is that his rights would be determined on the basis of the judgment rendered by this Court which was later on affirmed by the judgment of the Division Bench.

But there is a distinction raised by the learned counsel for the respondents, on the ground that the petitioners have already availed their retiral benefits at the time when they were superannuated from their respective jobs.

The distinction which is drawn is to the effect that whether once they have already availed the benefits, on the attainment of their respective age of superannuation, whether they can belatedly agitate their claims on the basis of the ratio laid down subsequently, qua the petitioners who have timely approached the Court for enforcing their rights.

The writ petitions require a prolonged hearing, hence put up these writ petitions in the 2nd week of August, 2021, in the physical hearing of the Court.

(Sharad Kumar Sharma, J.) 27.07.2021 Mahinder/