Extracted from the PDF above. The PDF is authoritative.
2025:UHC:9209 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
WPSS/1689/2025 Hon’ble Manoj Kumar Tiwari, J.
Mr. M.C. Upadhyay, Advocate for the petitioner.
2. Mr. Ganesh Dutt Kandpal, Deputy Advocate General for the State of Uttarakhand / respondents.
3. Petitioner was initially engaged as Beldar on daily wages in Public Works Department, Haldwani, District Nainital in the year 1984; he was thereafter inducted in the work charged establishment in the year 1989; his services were ultimately regularised on the post of Beldar on 1.8.2006; and he retired from service, upon attaining age of superannuation, on
31.7.2025.
4. Since pension and other benefits have not been paid to the petitioner, therefore, he has approached this Court seeking the following reliefs:-
“i) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the respondents to count the services of petitioner rendered under work charged establishment since year 01.07.1989 to 01.08.2006 for the purpose of pensionary benefits and fixation of pension in the light of
judgment & order dated 02.09.2019 passed by the Hon'ble Apex Court in Case of " Prem Singh Vs State of Uttar Pradesh & Others" Reported as AIR 2019 SC
4390. ii) Issue a writ, order or direction in the nature of mandamus commanding or directing the respondents to provide pensionary benefits to petitioner after inclusion of work charged service along
2025:UHC:9209 with regular service which he performed under regular establishment since 02.08.2006 till date of retirement viz
31.07.2025. iii) Issue a writ, order or direction in the nature of mandamus commanding or directing the respondents to decide the representation dated 27.08.2025 made by petitioner by passing a speaking and reasoned order. (ANNEXURE NO. 3 to this writ petition).”
5.
Learned counsel for the petitioner submits that petitioner has made a representation to the Executive Engineer, however, he may be permitted to make fresh representation to the Engineer-in- Chief, Public Works Department.
6. The writ petition is, accordingly,
disposed of with liberty to petitioner to make fresh representation to the Engineer-in-Chief of the concerned Department. If he makes such representation within three weeks from today, decision thereupon shall be taken by the Competent Authority, within five months thereafter.
(Manoj Kumar Tiwari, J.)
15.10.2025
Navin
NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f 487df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A10381 9DA875643AF56D653D095C6ED9A86DAAB21CE 5, cn=NAVEEN CHANDRA Date: 2025.10.15 17:46:30 +05'30'