Pet it ioners v. St at e of Ut t arakhand and anot her

Learned counsel for t he pet it ioners subm it t ed t hat t he Rules 271, 272 & 273 of t he Ut t arakhand Cooperat ive Societ ies Rules 2004 have not been am ended so far. He would furt her subm it t hat , in t he St at e of Ut t ar Pradesh, t he Mem bers, who superannuat ed t he Cooperat ive Tribunal, t heir pension has been revised as per provisions cont ained in Rule 253 and 254 of U.P. Cooperat ive Societ ies Rules. He would furt her subm it t hat Rules 253 and 254 ( 4) of U.P. Cooperat ive Societ ies Rules are pari- m at eria t o 5 Rules 271 and 272 ( 4) of Ut t arakhand Cooperat ive Societ ies Rules, 2004.

7. Per cont ra, learned counsel for t he St at e would subm it t hat Rule 271 of t he Ut t arakhand Cooperat ive Societ ies Rules, 2004 would apply only t o t hose persons, who have not been superannuat ed and before t heir superannuat ion have j oined as Mem ber of t he Ut t arakhand Cooperat ive Tribunal and would not apply t o t hose Mem bers, who were reappoint ed aft er t heir superannuat ion from t heir parent depart m ent .

8. On careful perusal of proviso ( ii) of Rule 271 and proviso ( 4) of Rule 272 of Ut t arakhand Cooperat ive Societ ies Rules, 2004, t he grounds t aken by t he St at e Counsel cannot be sust ained, as proviso ( ii) of Rule 271 of Ut t arakhand Cooperat ive Societ ies Rules, 2004 clearly provides t hat a person, who ret ires t he post of Chairm an and Mem ber of t he Tribunal, is ent it led t o addit ional pension, grat uit y and post ret irem ent encashm ent , which shall be recalculat ed as per t he proviso ( ii) of Rule 271 of Ut t arakhand Cooperat ive Societ ies Rules, 2004, which have already been avert ed t o in t he preceding paragraph. 6

9. I n such view of t he m at t er, t his Court is of t he considered opinion t hat t he pet it ioners are ent it led t o revised pension and t he services rendered by t hem as Mem bers of t he Cooperat ive Tribunal shall be t aken int o account for recalculat ing t heir pension and ot her ret iral benefit s, which shall also be recalculat ed in light of proviso ( ii) of Rule 271 of Ut t arakhand Cooperat ive Societ ies Rules, 2004, wit hin a period of 12 weeks’ from t he dat e of product ion of t he cert ified copy of t his order. I t is m ade clear t hat pet it ioners’ pension and ot her ret iral dues would be recalculat ed only for t he period, for which, t hey have served as Mem bers of t he Ut t arakhand Cooperat ive Tribunal.

10. Writ pet it ion st ands ordered accordingly. There shall be no order as t o cost s. RA VI N DRA M A I TH A N I , J. A LOK M A H RA , J. Dat ed: 25.08.2025 BS BALWANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=fbbd191c8bdb8b16e8ca7937deaf72a17c02fe2eacbf28 cdf4ba7ce8640c5820, postalCode=263001, st=UTTARAKHAND, serialNumber=04E141DF4614F9A4D5F48346EB553DE5185F418 755DC00A7A13C14A680C3FA90, cn=BALWANT SINGH