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2025 DAILYLAW 17008 (UTT)

VINOD KUMAR v. STATE OF UTTARAKHAND

WPSS/1939/2025 · 2025-11-19

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:10257 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 9 3 9 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. M.C. Pant, learned counsel for the petitioner. 2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand. 3. According to petitioner, he was appointed as Assistant Teacher (General) on ad-hoc basis against the substantive vacancy in Kishan Higher Secondary School, Badhbalpur, District Haridwar on 18.07.1994. His services were subsequently regularised w.e.f. 22.04.2006, vide order dated 30.05.2007. 4. Petitioner contends that since his date of regularisation was altered to 30.09.2005, vide order dated 18.01.2025 passed by Regional Additional Director, Pauri, therefore, he is entitled to benefit of Old Pension Scheme. Since such benefit is not given to petitioner, therefore, he has approached this Court, seeking the following relief: - (i) Issue writ rule or direction in the nature of mandamus by directing the respondent to allow the benefit of old pension scheme to the petitioner in view of his entitlement as per his amended date of regularization i.e. on 30.09.2025 with all consequential benefits and to release his all retiral dues in respect of old pension scheme and gratuity with arrears together with interest or to mould the relief appropriately by safeguarding the interest of the petitioner keeping in view the fact highlighted in the 2025:UHC:10257 body of the petition. 5. Since petitioner has sought a writ of mandamus and he has not made any representation, therefore, writ petition is disposed of with liberty to petitioner to make representation to the Competent Authority, highlighting his grievance. If he makes representation within two weeks from today, decision thereupon shall be taken by the Competent Authority, as per law, within four months thereafter. ( Man oj Ku m ar Tiw ar i, J) 19.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f 9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26 F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.19 04:19:36 -08'00'