Uttarakhand High Court
Tarkendra Vaishnav And Another ...... ... vs State Of Uttarakhand And Another on 25 August, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
2025:UHC:7490-DB
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
HON'BLE JUSTICE SHRI RAVINDRA MAITHANI
AND
HON'BLE JUSTICE SHRI ALOK MAHRA
WRIT PETITION (S/B) NO.259 OF 2019
Tarkendra Vaishnav and another ...... Petitioners
Vs.
State of Uttarakhand and another ......Respondents
Presence:
Mr. Sandeep Kothari, learned counsel for the petitioners.
Mr. P.S. Bisht, learned Addl. C.S.C. for the State.
Judgment reserved on: 19.08.2025
Judgment delivered on: 25.08.2025
(Per: Shri Alok Mahra, J.)
By means of this writ petition, the petitioners
seek a mandamus directing the respondent authorities to
revise all their post retiral benefits.
2. According to the petitioners, petitioner no.1 was
superannuated from the services of I.A.S. on 31.10.2008;
while, petitioner no.2 superannuated from the post of
Additional Registrar, Cooperative Societies, on 30.11.2010;
that, since the petitioners possess all requisite qualification
2
for being appointed as Member in Uttarakhand Cooperative
Tribunal, hence, on 26.10.2010, the petitioner no.1 was
appointed as Member in Uttarakhand Cooperative Tribunal,
while petitioner no.2 was also appointed on the said post on
07.01.2011; that, petitioners discharged their services and
completed their tenure upto the age of 66 years and, as
such, petitioner no.1 retired on 30.10.2014 and petitioner
no.2 retired on 30.11.2016.
3. The grievance raised by the petitioners in the
present petition is that the Members of the Cooperative
Tribunal are entitled to pension and gratuity and that the
pension, gratuity and other post retiral benefits have to be
revised/refixed in accordance with the services as the
Member of the Cooperative Tribunal, inasmuch as, the
petitioners in capacity of I.A.S. and Additional Registrar
respectively have already received the gratuity, pensions
and other benefits, but the same was not taken into
consideration.
4. Learned counsel for the petitioners has placed
reliance upon proviso (ii) of Rule 271 of Uttarakhand
Cooperative Societies Rules, 2004, which reads as under:-
3
(ii) on his retirement from the post of the
Chairman or Members in accordance with Rule
273 be entitled to additional pension, gratuity and
post-retirement leave encashment which shall be
calculated as follows:-
(1) the amounts shall be recalculated
according on the date of such to the rules
applicable retirement as if he had never
retired from his parent extended; service
and his service such had stood
(2) the amounts already paid to him under
clause (i) on retirement from his parent
service, shall be deducted and the difference
shall be payable to him.
5. Reference has also been made to proviso (4) of
Rule 272 of Uttarakhand Cooperative Societies Rules, 2004,
which ordains that every person appointed to the Tribunal
as the Chairman or a Member shall be entitled to pension
and gratuity as per rules applicable to Group 'A' Officer of
the State Government. When the pension of the petitioners
was not recalculated after their superannuation as Members
of the Cooperative Tribunal, they moved representations to
4
the Competent Authority. The said representations were
forwarded by the Chairman of the Cooperative Tribunal to
the State Government with a recommendation to revise the
post retiral benefits of the petitioners; that, thereafter, the
matter was referred to the Finance Department. The
Finance Department, Government of Uttarakhand
considered the claim of the petitioners and came to the
conclusion that Rules made in this regard in Uttarakhand
Cooperative Societies Rules, 2004 are pari-materia to Rule
253/254(4) of the U.P. Cooperative Societies Rules and did
not dispute the entitlement of the petitioners, however, the
Finance Department has given its opinion that the Rules
need to be amended.
6. Learned counsel for the petitioners submitted that
the Rules 271, 272 & 273 of the Uttarakhand Cooperative
Societies Rules 2004 have not been amended so far. He
would further submit that, in the State of Uttar Pradesh, the
Members, who superannuated from the Cooperative
Tribunal, their pension has been revised as per provisions
contained in Rule 253 and 254 of U.P. Cooperative Societies
Rules. He would further submit that Rules 253 and 254 (4)
of U.P. Cooperative Societies Rules are pari-materia to
5
Rules 271 and 272 (4) of Uttarakhand Cooperative Societies
Rules, 2004.
7. Per contra, learned counsel for the State would
submit that Rule 271 of the Uttarakhand Cooperative
Societies Rules, 2004 would apply only to those persons,
who have not been superannuated and before their
superannuation have joined as Member of the Uttarakhand
Cooperative Tribunal and would not apply to those
Members, who were reappointed after their superannuation
from their parent department.
8. On careful perusal of proviso (ii) of Rule 271 and
proviso (4) of Rule 272 of Uttarakhand Cooperative
Societies Rules, 2004, the grounds taken by the State
Counsel cannot be sustained, as proviso (ii) of Rule 271 of
Uttarakhand Cooperative Societies Rules, 2004 clearly
provides that a person, who retires from the post of
Chairman and Member of the Tribunal, is entitled to
additional pension, gratuity and post retirement leave
encashment, which shall be recalculated as per the proviso
(ii) of Rule 271 of Uttarakhand Cooperative Societies Rules,
2004, which have already been averted to in the preceding
paragraph.
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9. In such view of the matter, this Court is of the
considered opinion that the petitioners are entitled to
revised pension and the services rendered by them as
Members of the Cooperative Tribunal shall be taken into
account for recalculating their pension and other retiral
benefits, which shall also be recalculated in light of proviso
(ii) of Rule 271 of Uttarakhand Cooperative Societies Rules,
2004, within a period of 12 weeks' from the date of
production of the certified copy of this order. It is made
clear that petitioners' pension and other retiral dues would
be recalculated only for the period, for which, they have
served as Members of the Uttarakhand Cooperative
Tribunal.
10. Writ petition stands ordered accordingly. There shall
be no order as to costs.
RAVINDRA MAITHANI, J.
ALOK MAHRA, J.
Dated: 25.08.2025
BS
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Date: 2025.08.25 12:04:46 +05'30'
