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2025 DAILYLAW 17247 (UTT)

LAXMAN SINGH RANA v. STATE OF UTTARAKHAND

WPSS/82/2025 · 2025-11-06

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:9802 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/ 8 2 / 2 0 2 5 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Devesh Upreti, learned counsel for the petitioner. 2. Mr. Rajeev Singh Bisht, learned Additional C.S.C. for the State of Uttarakhand. 3. Petitioner was appointed as Teacher in a Government Aided School and he retired from the post of Assistant Teacher - L.T. Grade (Biology) on 31.05.2023. According to him, he was not paid any amount as Pension or Gratuity. 4. By means of this writ petition, petitioner has sought the following reliefs: - (i) Issue a writ, order or direction in the nature of Mandamus Commanding the respondent no. 3 to give the benefit of order dated 07.12.2018 (Annexure No. 14), passed by this Hon’ble Court in WPSS No. 524/ 2024 (S/ S), so far as it relates to quashing of order dated 27.06.2013 (passed by respondent no. 3) and accordingly, enter the date of regularization of petitioner as 27.01.2005 in the service book of petitioner. (ii) Issue a writ order or direction of Mandamus commanding the respondent no. 1 to 4 to give the benefits of Old Pension Scheme to the petitioner from the date of his retirement (31.05.2023), counting his services from 01.02.1993 by treating the date of regularization of services of petitioner w.e.f. 27.01.2005. (iii) Issue a writ, order or direction in the nature of Certiorari by quashing the Order/ Letter No. 06/ Asha. Maa./ 7527-29/ 2023-24, dated 2025:UHC:9802 07.11.2024 (Annexure No. 19), issued by respondent no. 4, so far it relates to preparation of documents of petitioner for granting him the benefit of new pension scheme. 5. Learned State Counsel was asked to get instructions in the matter, as to whether petitioner’s case is covered by judgment dated 07.12.2018 rendered in WPSS No. 524 of 2014. 6. Mr. Rajeev Singh Bisht, learned State Counsel has produced in Court written instructions received by him from the Office of Additional Director of Education, Pauri, which is taken on record. The same shall be paginated by the Registry. 7. Based on written instructions, learned State Counsel submits that petitioner’s case is covered by judgment dated 07.12.2018 rendered in WPSS No. 524 of 2014, therefore, he has no objection if writ petition is decided in terms of the said judgment. 8. In view of concession recorded by learned State Counsel, the writ petition is decided in terms of judgment dated 07.12.2018 rendered in WPSS No. 524 of 2014. ( Man oj Ku m ar Tiw ar i, J) 06.11.2025 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b0 8d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F 4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.11.06 04:30:44 -08'00' 2025:UHC:9802