Extracted from the PDF above. The PDF is authoritative.
2025:UHC:11539 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS
W PSS/ 2 2 5 1 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J
1. Mr. Yogesh Kumar Joshi, learned counsel for the petitioner.
2 Mr. Lalit Samant, learned counsel for respondent no. 1.
3. Mr. Shobhit Joshi, Advocate holding brief of Mr. Ashish Joshi, learned counsel for respondent no. 2.
4. Petitioner’s mother (Ms. Shahnaj Nishan) was employee as Labour in erstwhile Uttar Pradesh Co-operative Federation Ltd., who died while in service on 21.12.2012. In this writ petition has sought the following reliefs: -
(i) Issue a writ, order, direction in the nature of mandamus commanding the respondents to release gratuity and earned leave encashment of late Mrs. Shahnaj Nishan for the period of 01.04.1988 to 31.12.2004 along with statutory interest.
(ii) Hold that the liability to pay the aforesaid does rest upon the successor employer i.e. respondent no. 1 which may seek adjustment from the State of U.P. in terms of reogranization Act.
5. Mr. Lalit Samant and Mr. Shobhit Joshi, learned counsels for respondent nos. 1 & 2, respectively submit that petitioner has sought a writ of mandamus but he has not made any formal representation to the Competent Authority.
6.
Learned counsel for the petitioner
2025:UHC:11539 submits that petitioner be permitted to make fresh representation for redressal of his grievance.
7. The writ petition is, accordingly,
disposed of with liberty to petitioner to make representation, along with other legal heir(s) of his late mother, to the Competent Authority. If he makes representation within two weeks from today, decision thereupon shall be taken by Managing Director, Uttar Pradesh Cooperative Federation Ltd. within six months thereafter.
( Man oj Ku m ar Tiw ar i, J)
23.12.2025 Aswal
NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea3 0f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A5 8531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.12.23 19:58:37 -08'00'