KUNWAR SINGH RAWAT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) 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.

(2.) 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.

(3.) 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.