HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15016 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri J.P. Singh, learned counsel for the writ petitioner as well as Sri Gaurav Singh, learned Standing Counsel. 2. The case of the writ petitioner is that the father of the writ petitioner was posted as Permanent Store Munshi and he died-in-harness on 07.11.2004 leaving behind the writ petitioner and the heir and legal representative and the writ petitioner on 03.01.2005 made a representation making request before the Executive Engineer, Tube-Well Division, Chandauli for granting compassionate appointment on the post of Junior Clerk and thereafter the Executive Engineer, Tube-Well Division, Chandauli vide letter dated 19.01.2005 requested the Superintendent Engineer, Tube-Well Division to appoint petitioner as dependent of the deceased and thereafter on 06.05.2005 the writ petitioner was accorded compassionate appointment by the Superintendent Engineer, Tube-Well Division, Varanasi and the writ petitioner assumed charge on 13.05.2005 and he was promoted as Senior Assistant on 22.02.2023. However, according to the writ petitioner in view of the Government Order dated 28.03.2005, 28.06.2024 and 11.07.2024 a request was made for payment of pension and the writ petitioner submitted an application on 26.09.2005 claiming old pension scheme. 3. Prayer in the present petition is for commanding the respondent no. 4, Executive Engineer, Barrage Mechanical Maintenance Division-I Baluaghat Road, Varanasi to decide the application/representation dated 26.05.2024 and to further consider the claim for coverage under the old pension scheme. Versus Counsel for Petitioner(s) : J.P. Singh, V.K.Singh Counsel for Respondent(s) : C.S.C. Dinesh Kumar Thakur .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. Sri Gaurav Singh, learned Standing Counsel, on the other hand, submits that the appointment of the writ petitioner was made on compassionate ground on 06.05.2005 and he assumed charge on 13.05.2005 i.e. post enforcement of the new pension scheme and the old pension scheme came to an end prior to 01.04.2005 and the new pension scheme came into effect and, thus, the writ petitioner is not entitled for the coverage under the old pension scheme. He seeks to rely upon the Government Order dated 16.09.2011 so as to further contend that the entitlement would be on the date of the joining whether it should be under old pension scheme or new pension scheme at this stage he further submits that it is for the writ petitioner to press his claim before the respondent. 5. Considering the submissions so made across the bar without going into the merits of the matter, the writ petition stands disposed of requiring the writ petitioner to submit a comprehensive representation along with a self attested copy of the present petition and certified copy of the order by 17.10.2025 before respondent no. 2, Engineer-in-Chief (Establishment 4A-Section), Irrigation and Water Resources Department, U.P., Lucknow and on the said motion, the competent authority shall proceed to decide the claim of the writ petitioner strictly in accordance with law as per the Government Orders which has been issued from time to time in vogue. 6. Needless to point out that this Court has not entered into the merits of the matter. October 7, 2025 Rajesh WRIA No. 15016 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad