2026:UHC:1698-DB HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE SHRI SUBHASH UPADHYAY 13th March, 2026 Writ Petition (S/B) No. 121 of 2026 Sudhir Budakoti ------Petitioner Versus State of Uttarakhand & others -----Respondents ---------------------------------------------------------------------- Presence:- Mr. Shailendra Nauriyal, learned counsel for the petitioner. Mr. Puran Singh Bisht, learned Additional Chief Standing Counsel for the State/respondent no. 1. Mr. C.S.Rawat, learned counsel for the respondent nos. 2 & 4. JUDGMENT: (per Manoj Kumar Gupta, C.J.) 1. The petitioner after facing selection held by the Uttarakhand Public Service Commission, was appointed as Registrar, Kumaon University, Nainital on 23.11.2009. He retired upon attaining the age of superannuation on 30.06.2023. The petitioner has already been paid the entire provident fund and leave encashment amount. He is claiming the pension under the Old Pension Scheme. He places reliance on an order passed by Vice Chancellor, Kumaun University, Nainital dated 11.03.2013, whereby, the Vice Chancellor extended the benefit of Old Pension Scheme to the petitioner. 2. Mr. C. S. Rawat, Advocate appearing on behalf of respondents no. 2 & 4 has however opposed the claim. He submits that the petitioner was Officer of the State 1 2026:UHC:1698-DB Government and the Vice Chancellor, Kumaon University was not competent to pass any order extending benefit of Old Pension Scheme to the petitioner. He submits that the cut-of-date for applicability of Old Pension Scheme is 01.10.2005 and, therefore, the petitioner is not entitled to benefit of Old Pension Scheme. 3. Learned State counsel submits that the State Government will examine the rival contentions and take an appropriate decision. 4. This, in our opinion, would serve the interest of justice. 5. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with direction to respondent no.1 to take decision on the claim of the petitioner, regarding payment of pension and gratuity, as per Old Pension Scheme within a period of 6 weeks from the date of communication of the instant order along with a fresh representation 6. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C.J.) (SUBHASH UPADHYAY, J.) Dated: 13.03.2026 Kaushal 2 2026:UHC:1698-DB 3