WPSS/621/2026
2026 Latest Caselaw 1831 UK

Uttarakhand High Court

WPSS/621/2026 on 12 March, 2026

Author: Manoj Kumar Tiwari

Bench: Manoj Kumar Tiwari

                                                                        2026:UHC:1653
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions                  COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               WPSS/621/2026
                               Hon'ble Manoj Kumar Tiwari, J
                               1.  Ms.     Anupriya    Kukreti,             learned
                               counsel for the petitioner.

                               2.   Mr. G.S. Negi, learned Additional
                               C.S.C. for the State of Uttarakhand.

                               3.   Ms. Seema Sah, learned counsel for
                               respondent no. 4.

4. Petitioner served as Cadre Secretary and retired on 31.10.2019 from Primary Agricultural Cooperative Credit Society, Pauri Garhwal. According to him, his retiral dues have not been paid so far, therefore, he has approached this Court seeking the following relief:-

(i) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent authorities to release the dues of the petitioner in respect of leave encashment along with interest and also to release his arrears of pay pursuant to the pay revision of the 5th and 6th Pay Commission by allowing the benefit of the Grade Pay of Rs. 4200 and recalculate his gratuity on the basis of this revision together with the admissible interest keeping in view the fact highlighted in the body of the petition.

5. Instructions were called from the respondents. Learned State Counsel has produced in Court written instructions received by him from the Office of Additional Registrar, Cooperative Societies, Uttarakhand, which is taken on record.

6. In para 14 of the written instructions, it is stated that District 2026:UHC:1653

Cadre Fund of District Pauri is presently under substantial overdraft, therefore, part of the Gratuity and Leave Encashment could not be released to the petitioner in view of Circular dated 10.05.2019 issued by Registrar. It is further stated that a sum of ₹24,95,853/- has already been released to the petitioner under various heads, including Gratuity and Leave Encashment.

7. Learned State Counsel submits that there are number of employees of the aforesaid Cooperative Society, who are yet to be paid their retiral dues, and it has been decided that retiral dues of all the employees shall be paid in a phased manner, depending upon the date of their retirement, as and when the funds are made available.

8. In view of the statement made by learned State Counsel, the writ petition is disposed of with a direction to the respondents authorities to clear the remaining dues of the petitioner as early as possible.

(Manoj Kumar Tiwari, J) 12.03.2026 Aswal NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3,

ASWAL postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.12 05:31:35 -07'00' 2026:UHC:1653