2025:UHC:5322-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB/525/2018 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Suresh Chandra Bhatt, Advocate for petitioner. Mr. Sudhir Kumar Nailwal, Standing Counsel for the State. Mr. T.A. Khan, Senior Advocate for the respondent. 2. According to petitioner, he was appointed as Accountant in Kisan Sahkari Chini Mills Limited, Sitarganj, District Udham Singh Nagar on 20.08.1982 and he retired from service from Uttarakhand Cooperative Sugar Mill Federation, Dehradun on 31.05.2018. At the time of retirement, he was holding post of Accounts Officer. According to petitioner, his gratuity amounting to Rs. 4,42,023/- has been withheld and he has also not been paid leave encashment for 16 days. 3. A counter affidavit has been filed in which it is stated that petitioner was initially appointed as an accountant in Kisan Sahkari Chini Mills Limited, Sitarganj, District Udham Singh Nagar, however, subsequently he was appointed in Uttarakhand Cooperative Sugar Mills Federation w.e.f. 28.05.2016. 4. Mr. T.A. Khan, learned Senior Counsel appearing for Uttarakhand Sahkari Chini Mills Sangh Ltd. submits that petitioner was paid gratuity for the services he rendered in Kisan Sahkari Chini Mills Limited, Sitarganj and the 2025:UHC:5322-DB service rendered by him in Uttarakhand Cooperative Sugar Mills Federation is only about 2 years. Thus he submits that whatever was due to petitioner has been paid and now nothing remains to be paid. 5. The contention made by Mr. Khan is however disputed by Mr. Suresh Chandra Bhatt, learned counsel appearing for the petitioner. He submits that the allegation that petitioner was paid gratuity for the service he rendered in Kisan Sahkari Chini Mills Limited, Sitarganj is not correct. He submits that petitioner was promoted as Accounts Officer in Uttarakhand Cooperative Sugar Mills Federation which was in continuation of his earlier service rendered in Kisan Sahkari Chini Mills Limited, Sitarganj, therefore the allegation that the service rendered by him in Uttarakhand Cooperative Sugar Mills Federation was only about 2 years is not correct and the entire service rendered by petitioner since 1982 has to be taken into account for grant of gratuity. 6. Since the writ petition cannot be decided without adjudication of disputed question of fact and petitioner has sought a writ of mandamus and he has also made a representation to the competent authority for gratuity, therefore, we dispose of the writ petition with liberty to petitioner to make a fresh representation for gratuity to the competent authority i.e. Managing Director, Uttarakhand Cooperative Sugar Mills 2025:UHC:5322-DB Federation. 7. If petitioner makes representation for gratuity to the competent authority within three weeks from today, decision thereupon shall be taken by competent authority within four months thereafter. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) (24.06.2025) (24.06.2025) Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a9 2d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D30 5B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.06.30 10:32:24 +05'30'