2026:UHC:1495 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1840/2023 Hon’ble Manoj Kumar Tiwari, J 1. Mr. Abhijay Negi, learned counsel for the petitioners. 2. Mr. P.C. Bisht, learned Additional C.S.C. for the State of Uttarakhand. 3. Dr. Kartikey Hari Gupta, learned counsel for the respondent-University. 4. Petitioners were engaged to serve as Group ‘C’ employee in self-financed courses run by H.N.B. Garhwal University, as is revealed from annexure 4 to the writ petition, which is an order issued by Registrar on 01.12.2004. They were subsequently appointed as Daily Clerk by Registrar of University vide order dated 16.04.2007. 5. In this writ petition, petitioners have staked claim for benefit of Old Pension Scheme. It is contended that since petitioners were engaged in the University before 01.10.2005, which is date of introduction of New Pension Scheme, therefore, they are entitled to benefit of Old Pension Scheme. 6. Learned counsel for University, however, submits that petitioners were for the first time employed by the University in 2007 and earlier they were engaged as casual employee in self- financed courses run by University. He submits that since petitioners were directly engaged by the University for the first time in 2007, therefore, their claim 2026:UHC:1495 for Old Pension Scheme is without any basis. 7. Learned counsel for the petitioners then submits that one Mr. Mahavir Prasad Ghildiyal was also appointed by the Registrar of the University vide order dated 19.09.2007 and he was given benefit of Old Pension Scheme, therefore, petitioners are also entitled to similar benefit. 8. Learned counsel for the University submits that the case of Mr. Mahavir Prasad Ghildiyal is different as he was conferred status of regular employee w.e.f. 12.02.2004. 9. Having regard to the facts of the case, this Court thinks that ends of justice would be met, if petitioners are permitted to make representation in the light of benefit as given to Mr. Mahavir Prasad Ghildiyal. 10. The writ petition is, accordingly, disposed of with liberty to petitioner to make joint representation to the Competent Authority in the University within two weeks from today. If they make representation within stipulated time, the Competent Authority shall decide the representation, as per law, within six months thereafter. (Manoj Kumar Tiwari, J) 09.03.2026 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.11 09:04:08 -07'00' 2026:UHC:1495