2026:UHC:1859-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 18th March, 2026 Special Appeal No. 68 of 2026 Raj Kishor ------Appellant Versus State of Uttarakhand & others ----Respondents ---------------------------------------------------------------------- Presence:- Ms. Neeti Rana, learned counsel for the appellant. Mr. B.S.Parihar, learned Additional Chief Standing Counsel for the State/respondents. JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The present intra court appeal is directed against an order dated 12.02.2026, passed by learned Single Judge in Writ Petition (S/S) No. 387 of 2026, Raj Kishor vs. State of Uttarakhand and others, wherein the appellant had challenged the Government Order dated 16.01.2026, whereby the benefit of the Old Pension Scheme was held to be not available to the petitioner. Learned Single Judge has connected the writ petition with another writ petition bearing WPSS No. 212 of 2026. An interim relief to the extent that the amount already paid as pension would not be recovered from the appellant has also been granted. 1 2026:UHC:1859-DB 2. The present appeal has been filed submitting that, in similar facts and circumstances, Division Bench of this Court has stayed the effect and operation of the same Office Memorandum dated 16.01.2026. 3. It appears that the interim order passed by Division Bench in other matters was not brought to the notice of learned Single Judge. The writ petition is still pending and it is still open to the petitioner-appellant to bring this fact to the knowledge of learned Single Judge. 4. As it is stated that the writ petition is likely to be listed for hearing in April and, therefore the submission that in similar facts and circumstances an order has been passed by Division Bench, staying the operation of the Office Memorandum, can be placed before the learned Single Judge. Therefore, we are not inclined to entertain the Special Appeal. 5. The appeal is disposed by providing that the writ petition shall be listed by the office before learned Single Judge in the first week of April, 2026, if date is not already fixed in the matter. 2 2026:UHC:1859-DB 6. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 18.03.2026 Kaushal 3