2025:UHC:5918-DB SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS SPA/744/2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Sushil Vashishtha, Standing Counsel for the State/appellants. 2. Mr. Vikramaditya, Advocate holding brief of Mr. Nagesh Aggarwal, Advocate for the respondent. 3. There is a delay of 101 days in filing the appeal. 4. For the reasons stated in the Delay Condonation Application CLMA No.11983 of 2017, delay in filing the appeal is condoned. Delay Condonation Application stands allowed. 5. This intra-court appeal is directed against the final order dated 03.05.2017 rendered by learned Single Judge in WPSS No.763 of 2017. The impugned judgment is extracted below for ready reference:- “Mr. Nagesh Aggarwal, Advocate for the petitioner. Mr. Vikas Pandey, Brief Holder for the State. Heard. Learned counsel for the petitioner submits that present lis is squarely covered by the judgment rendered by the co-ordinate Bench of this Court in WPSS No.1110 of 2014, on 18.06.2016. Accordingly, the writ petition is disposed of in the terms of the judgment cited hereinabove. Respondents are directed to consider the case of the petitioner for regular 2025:UHC:5918-DB pension under the old pension scheme as applicable to other employees, employed prior to 01.10.2005. Pending application, if any, also stands disposed of.” 6. Perusal of impugned judgment reveals that the writ petition filed by respondent, claiming benefit of Old Pension Scheme, was decided in terms of judgment dated 18.06.2016 rendered by learned Single Judge in WPSS No.1110 of 2014. Judgment rendered in WPSS No.1110 of 2014 reveals that the said writ petition was allowed and mandamus was issued to the respondent authorities to grant regular pension to the petitioners, in that case, under Old Pension Scheme. 7. Learned State Counsel submits that since the respondent was regularized on a Group ‘D’ post in Public Works Department only on 25.08.2011 while the New Pension Scheme was introduced w.e.f. 01.10.2005, therefore, respondent is not entitled to benefit of Old Pension Scheme. He submits that this vital aspect of the matter was overlooked in the impugned judgment, therefore, the same is unsustainable. 8. Learned State Counsel has produced in Court a letter received from Chief Engineer (Establishment), Level-1, Public Works Department, Dehradun, which is taken on record. 9. By the said letter issued on 05.07.2025, Chief Engineer has informed the Chief Standing Counsel that the issue of pension for 2025:UHC:5918-DB services rendered by casual employees in Work Charge Establishment, before their regularization, is pending consideration before the State Cabinet. 10. Since the matter is actively under consideration of the State Government, therefore, we modify the impugned judgment by permitting the writ petitioner (respondent herein) to make representation, claiming benefit of Old Pension Scheme, to the Secretary, Public Works Department. If he makes such representation within four weeks from today, the concerned Secretary shall look into the matter and take decision as per law, within six months thereafter. 11. Subject to the above, special appeal stands disposed of finally. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 09.07.2025 09.07.2025 Rajni RAJINI GUSAIN Digitally signed by RAJINI GUSAIN DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=97cfa6e4cbd49c07b876db48 448ac3701a9ae475a2547e4b7f1d9b1f 17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222 B4DF4FC80D4557562F95BEBA013F53 0616A158A0A878BD8, cn=RAJINI GUSAIN Date: 2025.07.10 04:53:57 -07'00' 2025:UHC:5918-DB