Uttarakhand High Court
WPSS/1327/2021 on 4 April, 2022
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
ON THE 4TH DAY OF APRIL, 2022
BEFORE:
HON'BLE SHRI JUSTICE MANOJ K. TIWARI
Writ Petition (S/S) No. 1326 of 2021
BETWEEN:
Bhuwan Chandra Joshi & others ... Petitioners
AND:
State of Uttarakhand & others ... Respondents
With
WRIT PETITION (S/S) No. 1327 of 2021
(By Mr. Maneesh Bisht, Advocate)
(Mr. Narayan Dutt, learned Brief Holder for the State of
Uttarakhand and Mr. B.M. Pingal, learned counsel for
respondent no. 3)
JUDGMENT
1. Since common questions of fact and law are
involved in both the petitions, therefore, these petitions
are clubbed together and decided by this common
judgment. However, for the sake of brevity, facts of
WPSS No. 1326 of 2021 are being considered.
2. Petitioners served as Cadre Secretary in
different Primary Agricultural Cooperative Societies in
District Pithoragarh and have retired from service in
different years. Registrar, Cooperative Societies
Uttarakhand has passed an order providing that Cadre
Secretaries, posted in Cooperative Societies which are
running in losses, shall not be given benefit of Leave
Encashment. Thus, feeling aggrieved, petitioners have
approached this Court seeking the following relief:-
"(i) To, issue a writ, order or direction in the nature of
certiorari for quashing the order dated 10.05.2019, and
consequential order dated 17.03.2021, passed by the
respondent no. 2, whereby the leave encashment of the
petitioners is withheld/denied in a very arbitrary and whimsical
manner. (Contained as Annexure No. 5 & 6)
(ii) To, issued a writ, order or direction in the nature of
mandamus commanding and directing the respondent concern
to forthwith release the amount of leave encashment and the
arrears of5th, 6th & 7th Pay Commission along with the
appropriate rate of interest."
3. Learned counsel for the petitioners has relied
upon a judgment dated 04.09.2017 rendered by
Division Bench of this Court in SPA No. 202 of 2017 &
other connected matters. By the said judgment,
Division Bench had directed the Registrar, Cooperative
Societies to consider case of other similarly situated
persons in the light of the relevant provisions of
Cooperative Societies Act and the Rules framed
thereunder.
4. Having considered the facts and
circumstances of the case, this Court thinks that ends
of justice would be met, if petitioners are permitted to
make fresh representation to the Registrar, Cooperative
Societies, who may take decision in the matter
expeditiously.
5. Accordingly, the writ petition is disposed of
with liberty to petitioners to make fresh representation
to Registrar, Cooperative Societies, Uttarakhand for
grant of benefit of Leave Encashment, within two weeks
from today. If such representation is made within
stipulated time, the Registrar shall look into the matter
and take appropriate decision, as per law, within eight
weeks from the date of production of certified copy of
this order along with representation.
(Manoj Kumar Tiwari, J.)
Aswal
