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2026 DAILYLAW 63 (UTT)

RAJENDRA PRASAD JOSHI v. STATE OF UTTARAKHAND, THROUGH ITS SECRETARY SCHOOL EDUCATION

WPSS/1645/2017 · 2026-01-08

Manoj Kumar Tiwari

body2026

Judgment text

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2026:UHC:354 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS WPSS/1065/2022 With WPSS No. 1645/2017, WPSS No. 3172/2018, WPSS No. 3474/2018, WPSS No. 3567/2018, WPSS No. 3643/2018, WPSS No. 3652/2018, WPSS No. 3655/2018, WPSS No. 2104/2019, WPSS No. 2125/2019, WPSS No. 2126/2019, WPSS No. 2130/2019, WPSS No. 2131/2019, WPSS No. 2189/2019, WPSS No. 2199/2019, WPSS No. 2200/2019, WPSS No. 2202/2019, WPSS No. 2203/2019, WPSS No. 2204/2019, WPSS No. 2232/2019, WPSS No. 2259/2019, WPSS No. 2324/2019, WPSS No. 2325/2019, WPSS No. 2326/2019, WPSS No. 2329/2019, WPSS No. 2414/2019, WPSS No. 2439/2019, WPSS No. 2551/2019, WPSS No. 6/2020, WPSS No. 248/2020, WPSS No. 1269/2020, WPSS No. 423/2021, WPSS No. 1480/2021, WPSS No. 8/2023 and WPSS No. 280/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Lalit Samant, Mr. Anil Kumar Joshi, Mr. Kailash Chandra Tewari and A.M. Saklani, Advocates for the petitioners, in their respective writ petitions. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel with Mr. Narayan Dutt, Standing Counsel for the State of Uttarakhand. Mr. Ishawari Dutt Paliwal, Standing Counsel for the State of Uttar Pradesh in some of the connected writ petitions. 2. Petitioners were appointed as Assistant Teacher/Lecturer on ad-hoc basis and their services were subsequently regularised. 3. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 1065 of 2022 (SS), Bhan Dev Bhatt Vs. State of Uttarakhand and another alone are being considered and discussed. 2026:UHC:354 4. Petitioner in Writ Petition No. 1065 of 2022 (SS) was initially appointed on ad-hoc basis as Assistant Teacher, LT Grade w.e.f. 26.11.1990, his services were regularised on the post of Assistant Teacher, LT Grade on 05.03.2002 pursuant to Government Order dated 26.12.2001. 5. According to the petitioners, services rendered by them as LT Grade Teacher/Lecturer before regularisation of their services has to be taken into account for grant of all service benefits, including pension and gratuity. 6. Reliefs sought in Writ Petition No. 1065 of 2022 (SS) are as follow: “i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to treat the services of the petitioner regularized from the date of his initial engagement on adhoc basis as Assistant Teacher, L.T. Grade as per the conditions of the Govt. Order dated 26.12.2001 or from the cutoff date fixed in the said Govt. Order dated which is 07.08.1993. ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents count services of the petitioner from his initial date of appointment for granting benefit of Gratuity and pension.” 7. Learned counsel for the petitioner has drawn attention of this Court to a Government Order issued on 05.01.2026, which provides for taking into account the ad-hoc services for selection grade and promotion pay- scale. 8. Learned State Counsel submits that although a Government Order has been issued on 05.01.2026; however, it deals only with selection grade and promotion pay scale. He submits that the issue of other monetary benefits and pension is not covered by any Government Order, and as per the statutory rules, petitioners are not entitled to benefit of ad-hoc services for pension. 2026:UHC:354 9. Learned State Counsel, however, submits that if petitioners have any grievance regarding non payment of pension for the ad-hoc services, then they can represent the matter before the competent authority. 10. Learned counsel for petitioner submits that in some of the petitions, petitioners have claimed seniority from the date of initial appointment on ad-hoc service; however, they submit that they are giving up that relief and they are confining the prayer only to pension and gratuity for the ad-hoc services rendered before regularisation. 11. Learned counsel for the petitioners further submit that petitioners be permitted to make representation to the competent authority, which may be directed to be decided within specified time frame. 12. The writ petitions are, accordingly, disposed of with liberty to petitioners to make representation to the Director, School Education. If petitioners make such representation within two weeks from today, Director, School Education shall examine the matter and pass appropriate order, as per law, within four months thereafter. (Manoj Kumar Tiwari, J.) 08.01.2026 Mahinder/ MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2026.01.08 19:03:43 +05'30'