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2026 DAILYLAW 400 (UTT)

SHASHI KANT v. STATE OF UTTARAKHAND

WPSS/683/2026 · 2026-03-10

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:1509 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS 680/2026 WPSS 681/2026 WPSS 683/2026 WPSS 692/2026 WPSS 693/2026 Hon’ble Manoj Kumar Tiwari, J. Mr. Vishwast Kandpal, Advocate, for the petitioners. Mr. S.S. Chaudhary, Standing Counsel, for the State. (2) Since the issue involved in all these writ petitions is identical, therefore, these are being heard and decided together by this common judgment. However, for brevity, facts of Writ Petition (S/S) No. 680 of 2026 alone are being considered and discussed here. (3) Petitioner was appointed as Workshop Instructor in Government ITI in the year 2011. According to him, the vacancies were determined in the month of May, 2005 and thereafter vacancies were notified by the selecting body before the cut-off date i.e. 1.10.2005, therefore he is covered by Old Pension Scheme in terms of Government Order dated 7.11.2023. Learned Counsel for the petitioner refers to a document contained as Annexure-11 to the writ petition, which is the minutes of the meeting of a committee held on 8.5.2025. (4) Learned State Counsel, however, submits that although the vacancy against which petitioner was appointed was advertised in 2005, however that selection process was scrapped and thereafter those vacancies were re-advertised in the year 2010 and in the subsequent advertisement issued in 2010, it was provided that age relaxation would be given to those candidates who had applied pursuant to earlier advertisement issued in 2005. He thus submits that the case of 2026:UHC:1509 petitioner is not covered by Government Order dated 7.11.2023. (5) Learned Counsel for the petitioner, however, refers to the minutes of the aforesaid meeting and contends that the committee had found that petitioner’s case is covered by the aforesaid government order. (6) Having regard to the facts of the case and without expressing any opinion on the rival contentions of the parties, this Court thinks that ends of justice would be met if petitioner is permitted to make representation to the competent authority. Writ petitions are, accordingly, disposed of granting liberty to petitioners to make representation to the competent authority. If they make representation within two weeks from today, the competent authority shall take decision thereupon, as per law, within four months thereafter. (Manoj Kumar Tiwari, J.) 10.3.2026 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198 d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FC A58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2026.03.10 17:15:01 +05'30' 2026:UHC:1509