2025:UHC:3292-DB 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (S/B) No. 147 of 2019 Manoranjan Kumar Singh …Petitioner Versus State of Uttarakhand & Others … Respondents Mr. M.C. Pant, Advocate, for the petitioner. Mr. P.S. Bisht, Additional CSC, for the State. J U D G M E N T Hon’ble Manoj Kumar Tiwari, J. Hon’ble Ashish Naithani, J. (Per: Manoj Kumar Tiwari, J.) Petitioner was appointed on ad hoc basis as Junior Lecturer, Pharmacy in Technical Education Department in the year 1985. His services were regularized on 13.2.2004. Petitioner ultimately retired from service in the year 2019. After retirement, petitioner made a representation to the competent authority to consider his services rendered on ad hoc basis for pension. His representation was rejected by the Additional Director (Treasury, Pension & Entitlement) vide order dated 28.3.2019. Thus feeling aggrieved, petitioner has approached this Court seeking the following reliefs: “I. Issue a writ order of direction in the nature of certiorari quashing the impugned order no. 2022/Shi.Ka.Ko.Pe.Ha./E- Pension/I.D./010097580/2018-19 dated 28.03.2019 passed by respondent no. 3. (Annexure no. 1 to the writ petition) II. Issue a writ order of direction in the nature of certiorari quashing the impugned order no. 1893/Shi.Ka.Ko.Pe.Ha./E- Pension/I.D./010097580/2018-19 dated 2025:UHC:3292-DB 2 23.02.2019 passed by respondent no. 3. (Annexure no. 1 to the writ petition) III. Issue a writ order of direction in the nature of mandamus directing the respondent no. 3 to release the pension of the petitioner forthwith alongwith applicable interest, else the petitioner shall suffer irreparable loss and injury and the same cannot be compensated by any means.” 2. In the impugned order, Additional Director (Treasury, Pension & Entitlement) has taken the view that the services rendered after substantive appointment alone can be taken into account for pension. The Additional Director relied upon Regulation 361 of Civil Service Regulations, which is extracted below: “361. The service of an officer does not qualify for pension unless it conforms to the following three conditions:-- First—The service must be under Government. Second—The employment must be substantive and permanent. Third—The service must be paid by Government. 3. Civil Service Regulations are applicable to State employees of Uttarakhand. Regulation 368 and 370 of the Civil Service Regulations also would be relevant, which are extracted below: “368. Service does not qualify unless the officer holds a substantive office on a permanent establishment. 370. Continuous temporary or officiating service under the Government of Uttar Pradesh followed without interruptions by confirmation in the same or any other post shall qualify except— i) periods of temporary or officiating service in non-pensionable establishment; 2025:UHC:3292-DB 3 ii) periods of service in work- charged establishment; and iii) periods of service in a post paid from contingencies, (The amendment takes effect from April 20, 1977) Note:-- If service rendered in a non-pensionable establishment, work- charged establishment or in a post paid from contingencies falls between two periods of temporary service in a pensionable establishment or between periods of temporary service and permanent service in a pensionable establishment, it will not constitute an interruption of service.” 4. Petitioner has challenged the order passed by the Additional Director (Treasury, Pension & Entitlement) by contending that since petitioner was given ad hoc appointment against vacant post, therefore, service rendered by him in ad hoc capacity cannot be ignored. Learned Counsel for the petitioner further submits that petitioner cannot be treated as new entrant in service after regularization. 5. Per contra, learned State Counsel submits that petitioner’s services were regularized only in 2004 and the date of regularization would be the date of his substantive appointment, therefore, in terms of Regulation 361 of Civil Service Regulations, pension would be payable to him only in respect of service rendered after regularization and past services rendered in ad hoc capacity cannot be taken into account. Learned State Counsel also relies upon Uttarakhand Retirement 2025:UHC:3292-DB 4 Benefits Act, 2018. Section 3(j) and Section 4 of the said Act are extracted below: “3(j) ‘Qualifying service’ means period of service which has been done as substantive/regular service under the State Government; 4. The service shall be qualifying service for pension according to following conditions- (a) The service has been done substantively and regularly under the State Government; (b) The service shall be taken as qualifying service for retirement benefits when the employee is substantively appointed on permanent/temporary created post in any establishment.” 6. We find substance in the submission made by learned State Counsel. Additional Director (Treasury, Pension & Entitlement) has given valid reason for refusing to take into account the services rendered by petitioner in ad hoc capacity, for pension. The view taken by Additional Director is in consonance with Regulation 361 of Civil Service Regulations. Before his regularization, petitioner was not substantively appointed, therefore date of regularization would be the date of his substantive appointment. Thus we do not find any reason to interfere with the impugned order. However, it is an admitted fact that petitioner was regularized in the month of February, 2004 and New Pension Scheme was introduced w.e.f. 1.10.2005, therefore, petitioner is entitled to benefit of Old Pension Scheme. Accordingly, we dispose of the writ petition by directing the Director, Technical Education, Uttarakhand to release all retiral dues 2025:UHC:3292-DB 5 including pension, as per the Old Pension Scheme, to the petitioner within six weeks from the date of production of certified copy of this order. If the retiral dues are not paid within six weeks, then petitioner shall be entitled to interest @ 8 per cent per annum. (Ashish Naithani, J.) (Manoj Kumar Tiwari, J.) 30.4.2025 Pr PRABOD H KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c5 0602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF 806ACCC1AB588052DF6FCA58C67F3C91957BE 53, cn=PRABODH KUMAR Date: 2025.05.03 12:26:55 +05'30'