IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/S) No. 592 of 2010 Bhupal Singh Rautela S/O Late Sri Har Singh Rautela, Retired Assistant, Uttarakhand State Cooperative Federation Ltd. Rudrapur, Udham Singh Nagar. … Petitioner. Vs. 1. The U.P. Cooperative Federation Lucknow through its Managing Director, 32 Station Road, Lucknow. 2. Uttarakhand State Cooperative Federation through its Managing Director, 125 Old Nehru Colony, Dehradun. …Respondents. Mr. D.S.Patni, Advocate, learned counsel for the petitioner. Mr. Ashish Joshi, Advocate, learned counsel for the respondent no.1. Mr. Subhash Upadhyay, Advocate, learned counsel for the respondent No. 2. Date July 28, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought the following relief:- A- Issue a writ order or direction in the nature of mandamus commanding the respondent no.1 to pay the retrial benefits such as gratuity, leave encashment, security deposits and arrears of pay scale w.e.f. December 1976 to 30-9-2002 along with penal interest of 24% per annum and further penalty as quantified by this Hon’ble Court. B- Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 to pay arrears of pay scale in accordance with the 6th Pay Commission w.e.f. 1-10-2002 to 30-4-2010 along with penal interest of 24% per annum. C- Issue any other writ, order or direction, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case. D- Award cost of the petition to the petitioner. 2 The petitioner claims to have been appointed on substantive basis as Assistant in December 1976 in the services of the respondent no.1 and in view of the mutual settlement between the respondent no.1 and respondent no.2, on 1-1-2005 the petitioner was allocated to the cadre of Uttarakhand State Cooperative Federation. Petitioner claims to have been retired on 30-4-2010. According to the petitioner the respondent no. 2 has already paid gratuity and earned leave amount but has not paid arrears of pay scale pursuant to VI Pay Commission. The grievance of the petitioner is that he was not paid retrial benefits such as gratuity, leave encashment etc. and arrears of pay scale w.e.f. December 1976 to 30-9-2002 by the respondent no.1 and that the respondent no. 2 has not granted benefits of 6th Pay Commission to the petitioner. In the course of arguments, learned counsel for the petitioner has submitted that the controversy involved in the present writ petition has been settled by this Court by order dated 12-11-2009 passed in Writ Petition No. 354 of 2009(S/S) Radhy Shyam Srivastava Vs. The U.P. State Co-operative Federation and others. Learned counsel for the petitioner has urged that the present writ petition may be allowed in terms of the order dated 12-11-2009 so far as prayer no. 1 is concerned. Learned counsel for the petitioner also urged that regarding relief no. 2, liberty be given to the petitioner to make a representation before the respondent no.2. Learned counsel appearing on behalf of the respondents have fairly conceded to the above fact. I have also perused the order dated 12-11-2009 passed by the learned Single Judge in Writ Petition No. 354 of 2009(S/S) Radhy Shyam Srivastava Vs. The U.P. State Co-operative Federation and others. I find that first prayer made by the petitioner is squarely 3 covered by the said order. The writ petition deserves to be allowed in terms of the order dated 12-11-2009. The writ petition is allowed in terms of the order dated 12-11-2009 passed by this Court in Writ Petition No. 354 of 2009(S/S) Radhy Shyam Srivastava Vs. The U.P. State Co-operative Federation and others, so far as relief no. A is concerned. As regards second relief regarding grant of benefits of 6th Pay Commission, the petitioner is given liberty to make a representation to the respondent no.2. If the representation is made, the respondent no. 2 shall decide the representation of the petitioner expeditiously, preferably within a period of three months from the date a certified copy of this order is produced along with the representation. (B.S.Verma,J.) RCP