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2026 DAILYLAW 7851 (UTT)

NAR SINGH VERMA v. STATE OF UTTARAKHAND

WPSB/426/2026 · 2026-07-09

Shri Manoj Kumar Gupta, Subhash Upadhyay

body2026

Judgment text

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UKHC010118182026 2026:UHC:5581-DB IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE CHIEF JUSTICE MR. MANOJ KUMAR GUPTA AND THE HON’BLE JUSTICE MR. SUBHASH UPADHYAY WRIT PETTION (S/B) No. 426 of 2026 09th July, 2026 Nar Singh Verma -----Petitioner Versus State of Uttarakhand and others ----Respondents ---------------------------------------------------------------------- Presence:- Mr. Shobhit Joshi, learned counsel for the petitioner. Mr. Rajeev Singh Bisht, learned Deputy Advocate General with Mr. S.M.S. Mehta, learned Standing Counsel for the State. ---------------------------------------------------------------------- JUDGMENT : (per Mr. Manoj Kumar Gupta C. J.) 1. The petitioner had retired on 31.03.2026 from the post of Tube Well Operator after putting 38 years and 10 months of service. He has not been sanctioned pension nor any other retrial benefit has been given to him, apparently, for the reason that the services rendered by him prior to his regularization vide order dated 26.06.2012 has not been counted. The petitioner is seeking benefit of the judgment of the Apex Court in the case of Prem Singh vs. State of Uttar Pradesh & Others, (2019) 10 SCC 516. He has challenged the vires of the Uttarakhand Retirement Benefits Act, 2018, the Uttarakhand Qualifying Service for Pension and Validation Act, 2022 and the Government Order dated 16.01.2026. 2. Learned counsel for the petitioner submits that the respondents be directed to examine the claim of the petitioner and to take decision in light of the law laid down by the Supreme 1 UKHC010118182026 2026:UHC:5581-DB Court in the case of Prem Singh (supra) for which counsel for the respondents has no objection. 3. Accordingly, without expressing any opinion on merits, the writ petition is disposed of with liberty to the petitioner to make fresh representation along with copy of the instant order and in such an event, the same shall be decided by the Competent Authority within next six weeks by speaking order and the decision taken on the representation would be communicated to the petitioner forthwith. 4. Pending application, if any, also stands disposed of. (MANOJ KUMAR GUPTA, C. J.) (SUBHASH UPADHYAY, J.) Dated: 09.07.2026 KKS/PP 2