2025:UHC:870 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS No. 1609 of 2015 With WPSS No. 1610 of 2015 WPSS No. 1611 of 2015 WPSS No. 1612 of 2015 WPSS No. 1613 of 2015 WPSS No. 1614 of 2015 WPSS No. 1615 of 2015 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Rajendra Dobhal, learned Senior Counsel assisted by Mr. B.S. Bora, learned counsel for the petitioners. 2. Mr. Narayan Dutt, learned Standing Counsel for the State of Uttarakhand. 3. Petitioners are claiming benefit of Old Pension Scheme. According to them, Old Pension Scheme was vogue till 30.09.2005. According to petitioners, since they participated in a selection, which was notified by issuing an advertisement much before the cut-off- date i.e. 01.10.2005, wherefrom New Pension Scheme was introduced, therefore, they are entitled the benefit of Old Pension Scheme, even though, the appointment letters were issued to them after 01.10.2005. 4. Since common question of law and fact are involved in these petitions, therefore, these are being heard and decided together. However, for brevity, facts of Writ Petition (S/S) No. 1609 of 2015 alone are being considered and discussed. 5. Petitioners have filed WPSS No. 1609 of 2015 seeking the following relief:- 2025:UHC:870 “Issue a writ, order or direction in the nature of mandamus commanding the respondents to treat the petitioners under the old pension scheme and not to subject the petitioners under the new pension scheme.” 6. As per the pleadings, all the petitioners were appointed as Urdu Teacher vide orders dated 31.12.2005; however, the selection process, pursuant to which they were appointed, was initiated much before enforcement of New Pension Scheme i.e. 01.10.2005, thus, petitioners have claimed that benefit of Old Pension Scheme be given to them, as they had applied for the post of Urdu Teacher in view of the then prevailing Rules, including Rules governing the Old Pension Scheme. 7. Learned State Counsel has produced in Court a policy decision taken by the State Government vide notification dated 07.11.2023, which is taken on record. Policy decision is contained in Notification No. 27057 of 2023. 8. Perusal of the said notification reveals that certain class of Government Servants would be given the right to opt for Old Pension Scheme. Since a policy decision has been taken on the question of Old Pension Scheme, therefore, without going into the merit of the case, the writ petitions are disposed of by permitting the petitioners to make a joint representation to the State Government, claiming benefit of Old Pension Scheme. 9. In the representation, petitioners shall indicate following particulars in tabular form:- 2025:UHC:870 (i) the date of advertisement; (ii) date of issuance of appointment order; (iii) name of Appointing Authority; and (iv) date of joining. 10. The Competent Authority in the State Government shall examine the claim of the petitioners, as per assertion made in the representation and take decision, as per law, within three months from the date of receipt of such representation. (Manoj Kumar Tiwari, J) 13.02.2025 Aswal 2025:UHC:870