2025:UHC:1735-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. 313 of 2017 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Mr. S.S. Yadav, learned counsel for the petitioner. 2. Mr. G.S. Negi, learned Additional Chief Standing Counsel for the State of Uttarakhand. 3. Petitioner was appointed as Assistant Professor (English) on the recommendation of Uttarakhand Public Service Commission, vide order dated 11.07.2025, however, she actually joined duties as Assistant Professor, on 27.10.2005, and the earlier efforts made by her to join duties at Government Degree College Vedikhal, District Pauri Garhwal was unsuccessful, as she did not have the medical certificate at the relevant point of time. 4. Petitioner has been denied benefit of Old Pension Scheme on the ground that New Pension Scheme was introduced vide Government Order dated 25.10.2005 w.e.f. 01.10.2005. It is contended by learned counsel for the petitioner that not only the advertisement inviting application for the post of Assistant Professor was issued before the cut off date i.e. 01.10.2005, but, the appointment order was also issued to the petitioner on 11.07.2005, which is much before the cut off date indicated in the Government Order dated 25.10.2005, therefore, petitioner is entitled to benefit of Old Pension Scheme. 2025:UHC:1735-DB 5. By means of this writ petition, petitioner has sought the following reliefs:- “(i) Issue a writ, order or direction in the nature of Mandamus directing the respondent nos. 1, 2 & 3 to examine the case of the petitioner and provide the benefit of Old Pension Scheme like her batch-mates are getting since their initial appointment dated 11.07.2005. (ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents to treat the petitioner covered under the Old Pension Scheme which was applicable at the time of issuance of advertisement and provide the all consequential benefits like in the case of other Assistant Professors selected through same selection process.” 6. Learned counsel for the petitioner has placed reliance upon a Government Order No. 27057/2023 dated 07.11.2023, issued by Additional Chief Secretary, Finance Department. He submits that all other identically placed persons were given benefit of Old Pension Scheme pursuant to the policy decision taken by the State Government, and petitioner alone has been left out. 7. In view of the facts and circumstances of the case, we dispose of this writ petition with liberty to petitioner to make representation to the Secretary, Higher Education, claiming benefit of Old Pension Scheme. If petitioner makes such representation within four weeks from today, decision thereupon shall be taken by concerned Secretary within four months from the date of receipt of representation. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 12.03.2025 Navin