2025:UHC:5561-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.155 of 2020 Hon’ble Manoj Kumar Tiwari, J. Hon’ble Subhash Upadhyay, J. Mr. Akshay Pradhan, Advocate for the petitioner. 2. Mr. Puran Singh Bisht, Addl. C.S.C. for the State. 3. By means of this writ petition, petitioner has sought the following reliefs:- “i) Issue a writ, order or direction in the nature of mandamus commanding/directing the respondents to govern the service of petitioner from “Old Pension Scheme” calculating his service from his initial appointment on the post of Principal, National Kanya Inter College, Khanpur, District Haridwar i.e. from 20.02.2001 and also give all consequential benefits, etc.” 4. Petitioner was appointed as Principal in an unaided recognized Intermediate College, namely, National Kanya Inter College, Khanpur, Laksar, District Haridwar, on 20.02.2001. The said Institution was included in grant-in-aid list of the State Government w.e.f. 24.05.2005. Petitioner started getting salary from the State Exchequer w.e.f. 10.02.2006. Since petitioner was given appointment with the approval of the Competent Authority and salary was paid to him from State Exchequer only from 10.02.2006, therefore, he is not being given benefit of Old Pension Scheme and he is treated as member of New Pension Scheme, which was introduced by 2025:UHC:5561-DB the State Government w.e.f. 01.10.2005. 5. Learned counsel for the petitioner has referred to a G.O. dated 07.11.2023 issued by Finance Department, Government of Uttarakhand, which provides that certain category of employees would be given benefit of Old Pension Scheme. He submits that the case of petitioner is covered by said G.O., therefore, the Competent Authority be directed to include him in Old Pension Scheme. 6. Learned State Counsel, per contra, submits that contention raised by the petitioner that he is entitled to benefit of G.O. dated 07.11.2023 is not correct. He, however, states that if petitioner makes a representation, then Competent Authority will examine his case in light of G.O. dated 07.11.2023. 7. We, accordingly, dispose of the writ petition with liberty to petitioner to make representation to the Competent Authority, staking claim for benefit of G.O. dated 07.11.2023. If petitioner makes such representation within three weeks from today, Competent Authority shall examine his claim for Old Pension Scheme, as per applicable policy, and shall take decision within six months from date of receipt of such representation. (Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.) 01.07.2025 01.07.2025 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=97cfa6e4cbd49c07b876db48448a c3701a9ae475a2547e4b7f1d9b1f17d01342, postalCode=263001, st=UTTARAKHAND, serialNumber=8D039BC77BD1A2222B4DF4 FC80D4557562F95BEBA013F530616A158A 0A878BD8, cn=RAJINI GUSAIN Date: 2025.07.01 21:43:59 -07'00' 2025:UHC:5561-DB