IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 574 of 2010 (S/S) Govind Ballabh Sharma, S/O Sri Kashi Ram Sharma, R/O Chaudhary Colony, Bareilly Road, Haldwani, District Naini Tal. …… Petitioner. Versus 1. The U.P. Co-operative Federation Lucknow through its Managing Director. 2. Managing Director, U.P. Co-operative Federation, Lucknow. 3. Registrar Co-operative Societies U.P. Lucknow. 4. Uttarakhand State Marketing Federation Dehradun through its Managing Director. 5. Registrar Co-operative Societies Uttarakhand, Dehradun. … Respondents. Mr. J.C.Belwal, Advocate, learned counsel for the petitioner. Mr. Ashish Joshi, Advocate, learned counsel for the respondent nos. 1 and 2. Mr. Subhash Upadhyay, Advocate, learned counsel for the respondent no. 4. Mr. K.C.Tiwari, Brief Holder, learned counsel for the respondent no. 5. Date July 23, 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 a writ in the nature of mandamus commanding the respondents no.1 and 2 to pay the arrears of gratuity, leave encashment and other post retirement benefits before the period 01- 01-2005 including the amount of the security of the petitioner with interest at the rate of Rs. 18% per annum till actual date of payment. The petitioner has further sought a writ in the nature of mandamus commanding the respondent nos. 4 and 5 to pay the arrears of enhanced salary and dearness allowance of the petitioner as per recommendations of 6th Pay Commission with interest at the rate of Rs. 18% per annum till actual date of payment. 2 According to the petitioner, he was appointed as an Assistant in the U.P. Co-operative Drug Factory Ranikhet which was a unit of the U.P. Co-operative Federation Limited Lucknow. After creation of the new State of Uttarakhand, the services of the petitioner were transferred to Uttarakhand State Marketing Federation Dehradun w.e.f. 01-01-2005. As per Memorandum of Understanding, the amount of provident fund, gratuity, leave encashment and other dues of the employees for the period they were the employees of the U.P. State Cooperative Federation shall be payable by the U.P. Cooperative Federation. The petitioner also claims that he is entitled to the benefit of 6th Pay Commissioner w.e.f. 1-1-2006 till the date of his superannuation on 30-9-2009. During the course of arguments, learned counsel for the petitioner has submitted that the controversy involved in the present writ petition has already been resolved by the judgment dated 12-11-2009 rendered by the learned Single Judge in Writ Petition (S/S) No. 541 of 2009, which was upheld in Special Appeal No 229 of 2009, U.P. Cooperative Federation Ltd. And another Vs. Uttaranchal State Cooperative Marketing Federation Ltd. and others, decided on 14-5-2010, whereby the appeal has been dismissed. The Division Bench of this Court also directed that the respondent no. 3 besides being paid the dues shall be paid interest @ 8% from the date the amount become due till the same is paid. Learned counsel for the petitioner also pointed out that the Division Bench of this Court in Writ Petition (S/B) No. 121 of 2010 Vipra Singh Vs. U.P. Co-operative Federation, Lucknow and others vide order dated 2-7-2010 has also observed that as regards benefits of Fifth and Sixth Pay Commission’s reports are concerned, benefits thereof will flow to the petitioner, only in case respondent Nos. 1 to 4 adopt the reports and give effect to the same. In such a situation, the petitioner will also be entitled to monetary benefits as are released to persons similarly situated as the petitioner, on the basis of the said reports. 3 The learned counsel appearing on behalf of the respondents have fairly conceded to the above facts. Accordingly, the present writ petition deserves to be disposed of in terms of the order dated 14-5-2010 passed by the Division Bench of this Court in Special Appeal No. 229 of 2009, U.P. Cooperative Federation Ltd. and another Vs. Uttaranchal State cooperative Marketing Federation Ltd. and others as well as the order dated 2-7-2010 passed in Writ Petition (S/B) No. 121 of 2010, Vipra Singh Vs. U.P. Co-operative Federation, Lucknow and others. The writ petition is disposed of in terms of the order dated 14-5-2010 passed by the Division Bench of this Court in Special Appeal No. 229 of 2009, U.P. Cooperative Federation Ltd. and another Vs. Uttaranchal State cooperative Marketing Federation Ltd. and others as well as the order dated 2-7-2010 passed in Writ Petition (S/B) No. 121 of 2010, Vipra Singh Vs. U.P. Co-operative Federation, Lucknow and others. No order as to costs. ( B.S.Verma, J. ) RCP