2025:UHC:9727 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/ 1 7 9 5 / 2 0 2 5 W it h W PSS/ 1 7 9 8 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Dr. Kartikey Hari Gupta, learned counsel for the petitioner. 2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand. 3. Since common questions of fact and law are involved in both the petitions, therefore, these petitions are clubbed together and decided by this common judgment. However, for the sake of brevity and convenience, facts of WPSS No. 1795 of 2025 alone are being considered and discussed. 4. According to petitioner, he was serving as Assistant Teacher in an unaided recognised school, which was included in the grant-in-aid list in 2014. He completed age of superannuation in July, 2020, however, he was permitted to serve as Teacher till 31.03.2021, by giving benefit of Policy Decision, which permits Teachers to serve till end of Academic Session. 5. By means of this writ petition, petitioner has sought a direction to respondents to give benefit of service rendered by him in the concerned school before it was included in grant-in-aid list, for the purposes of selection grade, promotion pay-scale, assured career progression (ACP), pension etc. 6. Learned counsel for the petitioner 2025:UHC:9727 submits that issue involved in this writ petition is covered by judgment dated 27.03.2017 rendered by learned Single Judge of this Court in WPSS No. 1955 of 2015, which was affirmed by Division Bench of this Court in SPA No. 279 of 2018, vide judgment dated 30.08.2018. Learned counsel for the petitioner also refers to the subsequent judgments rendered by learned Singe Judge of this Court in which reliance was placed upon aforesaid Division Bench judgment. 7. Mr. Narayan Dutt, learned State Counsel, however, submits that petitioner is a fence sitter; he should have approached this Court, which he has now sought, in 2014 when the Institution where he was serving, was included in the grant-in-aid list; he should have filed writ petition when other similarly situate persons had filed writ petitions in 2015- 16; however, petitioner slept over the matter all through, though he completed age of superannuation in July, 2020, and ultimately, retired from service by availing the benefit of Academic Session, on 31.03.2021 and now more than five years after his retirement, petitioner has approached this Court. He further submits that there is inordinate and unexplained delay of more than ten years in the writ petition, therefore, the relief, as claimed, cannot be granted at this belated stage to the petitioner. 8. This Court finds substance in the submission made by learned State Counsel. Admittedly, petitioner slept over his right all through, while writ petitions filed by other similarly situate persons were being decided. There is no explanation for the delay and laches caused by petitioner in filing the writ 2025:UHC:9727 petition. Since petitioner completed age of superannuation in July, 2020, therefore, this writ petition cannot be entertained after nearly six years of his attaining the age of superannuation for the reliefs as havs been sought. 9. Accordingly, the writ petition fails and is dismissed. ( Man oj Ku m ar Tiw ar i, J) 04.11.2025 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=eacc6757ee7881e933ff8934f07477005aa 85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D 26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.04 04:02:19 -08'00'