IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. (SS) 409 of 2011 Harish Chandra Nautiyal & others …..Petitioners Versus State of Uttarakhand and others ….Respondents Present : Ms. Puja Banga, Advocate present for the petitioners. Mr. N.P. Sah, Standing Counsel present for the State of Uttarakhand. Writ Petition No. (SS) 449 of 2011 Virendra Dutt Semwal & another …..Petitioners Versus State of Uttarakhand and others ….Respondents Present : Mr. B.M. Pingal, Advocate present for the petitioners. Mr. N.P. Sah, Standing Counsel present for the State of Uttarakhand. Writ Petition No. (SS) 540 of 2011 Kuldeep Bharti & others …..Petitioners Versus State of Uttarakhand and others ….Respondents Present : Ms. Niranjan Bhatt, Advocate present for the petitioners. Mr. N.P. Sah, Standing Counsel present for the State of Uttarakhand. Writ Petition No. (SS) 858 of 2011 Rajendra Singh Bisht …..Petitioner Versus State of Uttarakhand and others ….Respondents Present : Mr. Niranjan Bhatt, Advocate present for the petitioner. Mr. N.P. Sah, Standing Counsel present for the State of Uttarakhand. Writ Petition No. (SS) 859 of 2011 Dil Singh Mahant …..Petitioner Versus State of Uttarakhand and others ….Respondents Present : Mr. Niranjan Bhatt, Advocate present for the petitioner. Mr. N.P. Sah, Standing Counsel present for the State of Uttarakhand. 2 Hon’ble Sudhanshu Dhulia, J. (Oral) Heard Ms. Puja Banga, Mr. B.M. Pingal and Mr. Niranjan Bhatt, Advocates for the petitioner and Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. The petitioners are “Kurk Amins” in co-operative societies in the State of Uttarakhand, who were appointed on commission basis. Earlier, the “Uttaranchal Sangarsh Kurk Amin Parishad” had filed a writ petition in its representative capacity being writ petition no. 4796 (SS) of 2001, wherein it had approached this Court for a writ of mandamus commanding the opposite parties to treat the “Kurk Amins” who are members of the said petitioner organization as a member of civil post. The said writ petition was allowed vide order dated 31.3.2006. The State of Uttarakhand had filed a Special Appeal. The Special Appeal was dismissed though with a slight modification in the order of the learned Single Judge dated 31.3.2006, whereby the benefits to these “Kurk Amins” were given only from 9.11.2000 and not from 16.11.1985. It has been stated at the bar that against the said order the State of Uttarakhand filed a Special Leave Petition before the Hon’ble Supreme Court which was dismissed. Now the present petitioners who also claim to be “Kurk Amins”, yet the benefit has not been given to them, thus constrained they have filed the present writ petition for the same relief. In the Counter affidavit, the State of Uttarakhand has accepted the legal position as stated by the petitioners regarding the orders passed by a learned Single Judge in writ petition no. 4796 (SS) of 2001 which was upheld in the Special Appeal, but have refused to grant the same status to the petitioners as they were not the member of “Uttaranchal Sangarsh Kurk Amin Parishad”. The logic shown by the respondents is that the said “Parishad” has given them a list 3 in which the name of the petitioners were not shown. This reason given by the respondents is wholly untenable. The petitioners state that whether the petitioners are “Kurk Amins” or not will not be determined by the list supplied by any individual but only on the basis of cogent evidence. Moreover the petitioners clearly contend that they are “Kurk Amins” who are absolutely similarly situated as members of “Uttaranchal Sangarsh Kurk Amin Parishad”. Therefore, irrespective of the fact as to whether the petitioners are members of “Uttaranchal Sangarsh Kurk Amin Parishad” or not, since the similarly situated “Kurk Amins” have already been given the benefit in compliance of order dated 31.3.2006, the same shall also be given to the petitioners. The fact as to the status of the petitioners can only be decided by the Registrar, Cooperative Societies, Uttarakhand, Dehradun. Therefore, the matter is being sent back to the Registrar, Cooperative Societies, Uttarakhand, Dehradun who shall determine as to whether the petitioners are “Kurk Amins” appointed on commission basis and they are similarly situated to the petitioners in writ petition no. 4796 (SS) of 2001, and if it is so, the benefits as given to the petitioners in the said writ petition shall also be given to the present petitioners. The Registrar, Cooperative Societies, Uttarakhand, Dehradun shall take a decision in the matter within six weeks from the date a certified copy of this order is produced before him. The fact whether the petitioners were member of “Uttaranchal Sangarsh Kurk Amin Parishad” will not be material when the Registrar, Cooperative Societies, Dehradun will determine the issue. With the above observations, writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 22.9.2011 Avneet