2026:UHC:1409 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/ 5 5 3 / 2 0 2 6 Hon ’ble Man oj Ku m ar Tiw ar i, J 1. Mr. M.S. Rawat, learned counsel for the petitioner. 2. Mr. Sushil Vashisth, learned Standing Counsel for the State of Uttarakhand. 3. By means of this writ petition, petitioner has sought the following reliefs: - (i) To issue a writ, order or direction in the nature of Certiorari calling for records and quashing for the impugned order/ List dated 21.01.2026 (Annexure No. 3 to this writ petition) passed by the respondent No. 5. (ii) To issue a writ, order or direction in the nature of Mandamus directing the respondent authorities forthwith release the pension of the petitioner as was being paid earlier, otherwise, the petitioner shall suffer irreparable loss and injury. 4. According to petitioner, he was initially engaged as muster roll employee in State Public Works Department and thereafter he was engaged in work charged establishment w.e.f. 20.07.1984; his services were regularised on the post of Beldar w.e.f. 01.08.1999 and he retired from service on 31.05.2022. 5. Petitioner is aggrieved by an order passed by Executive Engineer, which is on record as annexure 3 to the writ petition. A list has been enclosed along with said order, in which names of employees whose pension has to be stopped has been indicated. Petitioner’s name figured at Sl. No. 6 in the said list. 2026:UHC:1409 6. Learned counsel for the petitioner submits that since petitioner was regularised in service in 1999, much before introduction of New Pension Scheme, and he has completed minimum qualifying service needed for pension, therefore, there is no reason or justification whatsoever for withholding or denying pension to him. 7. Mr. Sanjay Chauhan - Executive Engineer is connected virtually. He submitted that pension payable to petitioner has to be re-fixed in terms of Government Order dated 16.01.2026, inasmuch as, the services rendered by petitioner in work charged establishment is not to be counted towards pension. He assures that after re-fixation of pension, pension would be released to the petitioner. He submits that case of the petitioner is being recommended to Director (Treasury) and Finance Controller in the Office of Head of Department, Public Works Department, Dehradun for re-fixation. The said authorities be directed to expedite the matter. 8. The writ petition is, accordingly, disposed of with a direction to Director (Treasury) and Finance Controller, Dehradun to take decision on the proposal to be sent by Executive Engineer concerned, as per law, as early as possible, but not later than eight weeks from the date of receipt of such proposal. ( Man oj Ku m ar Tiw ar i, J) 27.02.2026 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d13 69512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F461 0C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2026.02.27 06:26:24 -08'00'