Kunwar Singh Rawat vs State Of Uttarakhand And Others

Sharad Kumar Sharma, J

The precise case of the petitioner is that he was appointed on the post of Secretary, Primary Agriculture Cooperative Societies in the District Pauri by the Secretary, District Administrative Committee, District Cooperative Bank Limited, Garhwal, Kodwar. The petitioner worked with the Society and he was superannuated from the said post of Secretary (PACS) Cadre, Cooperative Societies Ltd. Kota Kasni, Block Bironkhal, District Pauri Garhwal on 24.02.2011, an order was passed by the respondents regarding the enforcement of the benefit of leave encashment and gratuity to the Cadre Secretary of the Cooperative Societies and an order, in this regard, was ultimately issued on 24.02.2011 by the Registrar, Cooperative Societies, Uttarakhand, thereby, implementing the benefits of payment of leave encashment and gratuity w.e.f. 1st November, 2011 for the post of cadre Secretaries was made applicable.

It was, thereafter, that the Registrar, Cooperative Societies, has issued an order on 4th March, 2015, whereby, the benefits of the ACP, on completion of 10 years, 16 years and 26 years of satisfactory services respectively for the grant of ACP benefits of 1st, 2nd and 3rd ACP, it was also extended to the Cadre Secretary of the Primary Agriculture Cooperative Societies. The said benefit as extended by the order of the Registrar dated 4th March, 2015, it was, in fact, made effective w.e.f. 1st January, 2015. By virtue of which, the benefit was said to be made payable w.e.f. 01.01.2011 in place of 01.01.2015. Based on the letter hence issued by the Registrar, the respondent Nos. 3 and 4 had written a letter on 26th September, 2016, with regard to the payment of the grade pay to the Cadre Secretaries. It directed for the immediate payment of leave encashment and gratuity also to the Cadre Secretary of the Primary Agricultural Cooperative Societies, the direction was also issued by the Assistant Registrar, Cooperative Societies on 29th May, 2015, to all the Secretaries / General Manager, District Cooperative Societies to ensure the enforcement of the order dated 24th February, 2011, extending the benefit of leave encashment and gratuity to all the retired Cadre Secretary and an order dated 4th March, 2015 was also issued by the Registrar extending the benefit of the ACPs' to the Cadre Secretary. When the same was not given to the petitioner, he contended that he had submitted several representations on a number of occasions, but it has not heeded no decision was taken on it. Hence, the petitioner has filed the present writ petition.

The contention of the learned counsel for the petitioner is that in view of the letter of the Registrar, Cooperative Societies dated 4th March, 2015 and 26th September, 2016, the petitioner would also be entitled for the payment of the benefits of the leave encashment and gratuity and the revision in his scale by the grant of grade pay of Rs.4200/- as well as the benefit payable under 3rd A.C.P. on completion of 26 years of service.

In support of his contention, the petitioner submits that for the identical relief and issue, a writ petition came up for consideration before this Court, being Writ Petition No. 551 of 2018 (S/S), Avdhesh Singh Rawat Vs. State of Uttarakhand and others and connected matters, which were decided by the Coordinate Bench of this Court on 25th May, 2018, based on the directions, which was based on the direction which have been issued by the decision of the Division Bench judgment, rendered in Special Appeal No. 202 of 2017, State of Uttarakhand and others Vs. Dharmanand Uniyal and others and other connected matters, as adjudicated on 4th September, 2017. Hence, the petitioner claims parity based on the said judgment.

The judgment of the Division Bench, as rendered in the Bunch of Special Appeals with the leading Special Appeal No. 202 of 2017, State of Uttarakhand and others Vs. Dharmanand Uniyal and others, which was preferred by the State being aggrieved against the judgment rendered by Single Judge in Writ Petition No. 1903 of 2016. The Special Appeal, thus, preferred by the State, has partly modified the judgement of learned Single Judge with the following directions :

"30. Learned CSC would have contention that Rules were made at the time when State was undivided in the year 1976. In newly carved out State of Uttarakhand there may be thousands such employees and State cannot be directed to shoulder the responsibility particularly when as in these cases the problem arises on account of cooperative institutions, which are private institution not doing enough work to generate sufficient income.

We must make it clear that Rules would not show that State is as such bound to make available money ordinarily to pay employees under the Rules. Manner of payment is provided in Rule 15 read with Rule 19 but appellant no. 3 in this case is Member Secretary of the District Administrative Committee and Registrar who is the second appellant both cannot absolve themselves from their responsibility.

Learned counsel for the writ petitioners drew our attention to the resolution /communication dated 24.02.2011 where reference is made as to how gratuity and leave encashment will be calculated.

It may be true that communication dated 24.02.2011 detailed about grant of benefit of gratuity at the time of superannuation. It provides for the method of calculating the gratuity but question is who should pay it. It is addressed to Member Secretary of the District Administrative Committee. Having regard to the fact that it relates to the earlier years, we think that interest of justice would be sub served, if we direct the appellant no. 2 to consider the case of the writ petitioners, having regard to the conspectus of the Act, Rules and also observations which we have made. A decision will be taken within three months from the date of production of certified copy of this judgment. He must ensure that petitioners are paid amount that is legally due to them."

It is not in dispute rather admitted by the respondents that the controversy raised in the present Writ Petition stands settled in terms of the Division Bench judgment rendered on 4th September, 2017 in the aforesaid Appeals as well the judgement of this Court rendered in bunch of writ petitions on 05.12.2018, with the leading writ petition being Writ Petition (S/S) No. 4045 of 2018, Om Prakash Ghansiyal v. State of Uttarakhand and others.

Consequently, this Writ Petition, too, would stand disposed of exclusively in terms of the judgment of the Division Bench dated 4th September, 2017, passed in Special Appeal No. 202 of 2017, State of Uttarakhand and others Vs. Dharmanand Uniyal and others and other connected matters. The judgment dated 4th September, 2017 would constitute to be the part of today's judgment.

Subject to the above observations, the Writ Petition stands disposed of.