2025:UHC:5278-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSB No.234 of 2018 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. S. S. Yadav, learned counsel for the petitioner. 2. Mr. J.P. Additional Advocate General for the State of Uttarakhand. 3. Mr. I. D. Paliwal, learned Standing Counsel for the State of U.P. 4. According to the petitioner, he was initially appointed as part-time Medical Officer in Ayurved on 06.08.1991, but subsequently his status was converted to that of Ad hoc Medical Officer. Service of the petitioner was regularised as Medical Officer, Ayurved in the year 2015. 5. Petitioner ultimately retired from service upon attaining age of superannuation in the month of May, 2019. Since he was not paid pension on the ground that he was given substantive appointment after the appointed date and also that he has not completed minimum qualifying service for pension, therefore, petitioner approached this Court seeking following reliefs:- “(i) Issue a writ, order or direction in the nature of certiorari quashing the regularisation order dated 18.03.2015 only so far date of regularisation of the petitioner and thereafter pre-pone the date of regularisation instead of 18.03.2015 since date of initial appointment of the petitioner (06.08.1991). (ii) Issue a writ, order or direction in the 2025:UHC:5278-DB nature of Mandamus directing the respondent no.1 to treat the service of the petitioner as member of Old Pension Scheme in all respect. (iii) Issue a writ, order or direction in the nature of Mandamus directing the respondent no.4 to release the hononrarium of the petitioner between 01.01.2008 to 14.06.2011 (about 3 years and 6 months) within 15 days with market interest.” 6. Learned counsel for the petitioner has drawn attention of the Court towards a Government Order dated 26.12.2023, which contains the decision taken by the State Government to grant benefit of Old Pension Scheme to certain category of employees, who were regularised on or after 01.10.2005. 7. Learned counsel for the petitioner contends that petitioner’s case is covered by the policy contained in Government Order dated 26.12.2023, therefore, he be permitted to make representation before the competent authority. 8. Mr. I. D. Paliwal, learned Standing Counsel for the State of U.P. and Mr. J. P. Joshi, learned Additional Advocate General for State of Uttarakhand submit that they have no objection if the petition is disposed of in terms of the prayer made by learned counsel for the petitioner. 9. The Writ Petition is accordingly disposed of with liberty to petitioner to make representation before the competent authority claiming benefit of policy decision mentioned in Government Order dated 26.12.2023. 10. Petitioner shall make his representation before the competent authority within three weeks from today, Secretary, Ayurved, shall 2025:UHC:5278-DB examine claim made by the petitioner, as per law and pass a reasoned order within six months from the date of receiving copy of such representation. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 23.06.2025 Kaushal/SS