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2026 DAILYLAW 5013 (UTT)

LALIT MOHAN JOSHI v. UTTAR PRADESH STATE CO OPERATIVE FEDERATION LTD

WPSB/533/2025 · 2026-05-06

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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2026:UHC:3423-DB I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE CHI EF JUSTI CE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTI CE MR. SUBHASH UPADHYAY Writ Petition (S/B) No.533 of 2025 6th May, 2026 Lalit Mohan Joshi -----Petitioner Versus Uttar Pradesh State Co-operative Federation Ltd and Others ----Respondents -------------------------------------------------------------------------- Presence:- Mr. Harendra Belwal and Mr. Faizan Ahmed, learned counsel for the petitioner. Mr. Manish Kumar, learned counsel holding brief of Mr. Ashish Joshi, learned counsel for respondent nos.1 and 2. Mr. Lalit Samant, learned counsel for respondent nos.3 and 4. -------------------------------------------------------------------------- JUDGMENT : ( per Mr . Man oj Kum ar Gu pt a C. J.) 1. Heard learned counsel for the parties. 2. The present writ petition has been filed praying for the following reliefs: “i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to re-fix and release the post retiral benefit i.e. Gratuity, Earn Leave including its arrears and other admissible dues in favour of the petitioner on the basis of revised last payment certificate on 10.03.2025 in favour of the petitioner (Annexure No. 12). ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent Federation to release the Security Amount Rs. 18,999.00 and award the interest @ 18% per annum which has been withheld by respondent Federation. iii) Issue a writ, order or direction in the nature of mandamus commanding the respondent Federation 1 2026:UHC:3423-DB to award statutory interest as payable under section 7 (3) (A) of the Payment of Gratuity Act, 1972.” 3. The case of the petitioner is that the last pay certificate was revised by respondent no.4 vide letter dated 10.03.2025. 4. It is submitted that, accordingly, the pension and other retiral benefits are also liable to be revised and despite the petitioner having made representation to respondent no.2 in this behalf on 17.11.2025 no decision has been taken so far. 5. Having regard to the submission made, we feel that interest of the petitioner would be served in directing respondent no.2 to decide representation dated 17.11.2025. 6. Accordingly, writ petition is disposed of with direction to respondent no.2 to decide the representation dated 17.11.2025 within six weeks of communication of the instant order along with photocopy of the said representation. 7. Pending application, if any, also stands disposed of. ( MANOJ KUMAR GUPTA, C. J.) ( SUBHASH UPADHYAY, J.) Dated: 06.05.2026 SS 2 SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a 6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D 72C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2026.05.07 13:09:12 +05'30'