LAWS(UTN)-2022-4-89

BHUWAN CHANDRA JOSHI Vs. STATE OF UTTARAKHAND

Decided On April 04, 2022
Bhuwan Chandra Joshi Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(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:-

(3.) Learned counsel for the petitioners has relied upon a judgment dtd. 4/9/2017 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.