HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 16003 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Vishesh Kumar Singh (AoR A/V0495/2024) holding brief of Sri Yogesh Kumar, learned counsel for the writ petitioner and Sri Piyush Shukla, learned Standing Counsel for the State. 2. A joint statement has been made by learned counsel for the parties that they do not propose to file any affidavit and the petition be decided on the basis of the documents available on record. With the consent of the parties, the petition be decided at the fresh stage. 3. The case of the writ petitioner is that he was appointed as Clerk in State Ayurveda and Unani Health Servicel on ad hoc basis on 01.11.1991 and thereafter his services stood regularized on 02.11.2007 thereafter another order was passed on 21.09.2012 whereby the date of regularization was amended to 20.12.2001 and on 12.12.2017 an order came to be passed by the second respondent whereby the regularization amendment order dated 21.09.2012 was cancelled. However, the order dated 21.12.2017 whereby the regularization amendment order dated 21.09.2012 was cancelled and stayed by the respondent no. 2 on 02.02.2018. 4. Prayer in the present petition is for a direction to the respondents to consider the claim of the writ petitioner in old pension scheme and not new pension scheme. In view of the fact that there exists U.P. Regularization of Ad hoc Appointment (Post within the purview of the Public Service Commission) Rules, 1979 amended on 2001 whereby the services are to be regularized with effect from 20.12.2001. 5. Learned Standing Counsel submits that the issue which the writ petitioner seeks to raise needs determination at the first instance by the second respondent, Director, Ayurveda and Unani Health Services, Lucknow, U.P. Versus Counsel for Petitioner(s) : Yogesh Singh Counsel for Respondent(s) : C.S.C. Rakesh Kumar Singh .....Petitioner(s) State Of Uttar Pradesh Through Its Principal Secretary, Ministry Of Aayush Aayush Anubhag Lucknow And Another .....Respondent(s) 6. At this stage, learned counsel for the writ petitioner submits that his claim is to be considered in the light of the judgment in the case of State of U.P. vs. Chandra Mohan Yadav: Special Appeal No. 607 of 2024 decided on 06.05.2025 against which a Special Leave Petition No. 22890-22893 of 2025 came to be dismissed on 22.08.2025. 7. Considering the submission so made across the bar, the writ petition stands disposed of directing the writ petitioner to submit a comprehensive representation along with self attested copy of the writ petition and certified copy of the order before the second respondent, Director, Ayurveda and Unani Health Services, Lucknow, U.P. by 07.12.2025. Thereafter, the second respondent shall decide the claim of the writ petitioner within a period of three months bearing in mind the aforesaid judgments from the date of production of certified copy of the order. 6. With the said observations, the writ petition stands disposed of. October 30, 2025 Rajesh WRIA No. 16003 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad