Office Notes,

reports, orders or proceedings

SL.

Date or directions COURT’S OR JUDGE’S ORDERS

No.

and Registrar’s

order with Signatures

WPSS/ 728/ 2022

Hon’ble Manoj Kumar Tiwari, J.

Mr. M.C. Kandpal, Senior Advocate,

assisted by Mr. Mr. Devesh Kandpal,

Advocate for the petitioner.

2. Mr. Narain Dutt, Standing Counsel for the State of Uttarakhand /

respondent nos. 1 to 4.

3. Mr. Manav Sharma, Advocate for

respondent nos. 5 & 6.

4. Petitioner was initially appointed as seasonal employee in Cooperative Cane Development Union in erstwhile State of Uttar Pradesh in the year 1980 and his services were regularised on the post of Seasonal Clerk in the year 1984. Petitioner, ultimately, retired from Cane Development Union Ltd. Laksar, Haridwar on 31.12.2020 as Officiating

Accountant.

5. The grievance raised by the petitioner in this writ petition is that his retiral dues have not been released so far. The reliefs sought in this writ

petition are as follows:-

“(1) Issue a writ, order or direction in the

nature of Mandamus commanding and directing the respondent authorities to pay the arrears of the salary as per the 6th & 7th Pay Commission, arrears of the A.C.P., leave encashment, the salary for the period of 16 days (19-11-2020 to 1-12-12-2020 and 29-12-2020 to 31-12-2020) and the gratuity amount and provident fund

amount, total amounting to Rs. 22, 55,660/-.

(II) Issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent authorities to pay 12% interest on the delayed payment of the retiremental dues of the petitioner services.”

6. Mr. Manav Sharma, learned counsel appearing for respondent nos. 5 & 6 submits that petitioner has alleged that two Cane Development Unions are liable to pay him retiral dues, namely, (i) Cane Development Union Ltd. Laksar, Haridwar; and (ii) Cane Development Union Ltd.

Khatima, Udham Singh Nagar.

7. Learned counsel for the petitioner submits that since petitioner was member of Centralised Service, therefore, he was liable to be transferred from one Cane Development Union to another.

8. Upon hearing, learned counsel for the parties, one thing is clear that there are several dues of the petitioner, which are yet to be released, however, the question is which Society is liable to pay the dues and to what extent, and in the absence of any clarity on this aspect, this Court is refraining to issue any positive direction to any particular Union.

9. Having regard to the facts and circumstances of the case, the writ petition is disposed of by permitting the petitioner to make representation to the Competent Authority in Cane Development Union Ltd. Laksar, Haridwar and Cane Development Union Ltd. Khatima, Udham Singh Nagar, within three weeks from today. In the representation, to be made, petitioner shall indicate the amount, which he is entitled to get from both the Unions and also the break-up of the amount under