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2026 DAILYLAW 4147 (UTT)

SURENDAR KUMAR SHARMA v. STATE OF UTTARAKHAND THROUGH SECRETARY EDUCATION

WPSS/187/2021 · 2026-03-10

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:1522 SL. No. Dat e Office Not es, r epor t s, or der s or pr oceedin gs or dir ect ion s an d Regist r ar ’s or der w it h Sign at u r es COURT’S OR JUDGE’S ORDERS W PSS/ 1 8 7 / 2 0 2 1 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. Navneet Kaushik, learned counsel for the petitioner. 2. Mr. Pradeep Hairiya, learned Standing Counsel for the State of Uttarakhand. 3. Mr. I.D. Paliwal, learned Standing Counsel for the State of U.P. 4. According to petitioner, he was initially appointed as Assistant Teacher in a Government aided Junior High School in erstwhile State of Uttar Pradesh and he was thereafter appointed as Post Graduate Teacher (Hindi) in Kendriya Vidyalaya Sangathan w.e.f. the year 1995. Petitioner retired from service on December 2014. 5. In this writ petition, petitioner has sought a direction to State of Uttarakhand and State of Uttar Pradesh to give benefit of services rendered by him in Government aided Institution towards pension by adding those services in the services rendered by him in Kendriya Vidyalaya Sangathan. Petitioner relied upon a letter dated 07.02.1986 issued by Deputy Secretary, Government of India, which is addressed Chief Secretary of all the States. 6. Learned counsel appearing for State of Uttarakhand as well as State of Uttar Pradesh, however, submit that the letter, allegedly issued by Deputy Secretary, 2026:UHC:1522 Government of India, does not help the case of the petitioner, as for application of that letter there has to be a reciprocal arrangement between the State and the Central Government. It is further contended that petitioner was not employed under State of Uttar Pradesh or any Autonomous Body controlled by State of Uttar Pradesh, but petitioner was an employee of a society, although he was getting salary from State exchequer. 7. Without going into the rival contentions raised by learned counsel for the parties, this Court thinks that ends of justice would be met, if petitioner is permitted to make representation to Secretary (Education), Government of Uttar Pradesh, for the relief, as claimed in the writ petition. 8. The writ petition is, accordingly, disposed of with liberty to petitioner to make fresh representation to Secretary, Department of School Education, State of Uttar Pradesh within three weeks from today. If he makes representation within the stipulated time, Secretary shall decide the same, as per law, within six months thereafter. ( Man oj Ku m ar Tiw ar i, J) 10.03.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b0 8d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4 F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.03.11 09:03:20 -07'00' 2026:UHC:1522