Uttarakhand High Court
WPSS/1840/2023 on 9 March, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:1495
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS/1840/2023
Hon'ble Manoj Kumar Tiwari, J
1. Mr. Abhijay Negi, learned counsel
for the petitioners.
2. Mr. P.C. Bisht, learned Additional
C.S.C. for the State of Uttarakhand.
3. Dr. Kartikey Hari Gupta, learned
counsel for the respondent-University.
4. Petitioners were engaged to serve
as Group ‘C’ employee in self-financed
courses run by H.N.B. Garhwal
University, as is revealed from annexure
4 to the writ petition, which is an order
issued by Registrar on 01.12.2004. They
were subsequently appointed as Daily
Clerk by Registrar of University vide
order dated 16.04.2007.
5. In this writ petition, petitioners
have staked claim for benefit of Old
Pension Scheme. It is contended that
since petitioners were engaged in the
University before 01.10.2005, which is
date of introduction of New Pension
Scheme, therefore, they are entitled to
benefit of Old Pension Scheme.
6. Learned counsel for University,
however, submits that petitioners were
for the first time employed by the
University in 2007 and earlier they were
engaged as casual employee in self-
financed courses run by University. He
submits that since petitioners were
directly engaged by the University for the
first time in 2007, therefore, their claim
2026:UHC:1495
for Old Pension Scheme is without any
basis.
7. Learned counsel for the petitioners
then submits that one Mr. Mahavir Prasad
Ghildiyal was also appointed by the
Registrar of the University vide order
dated 19.09.2007 and he was given
benefit of Old Pension Scheme,
therefore, petitioners are also entitled to
similar benefit.
8. Learned counsel for the University
submits that the case of Mr. Mahavir
Prasad Ghildiyal is different as he was
conferred status of regular employee
w.e.f. 12.02.2004.
9. Having regard to the facts of the
case, this Court thinks that ends of
justice would be met, if petitioners are
permitted to make representation in the
light of benefit as given to Mr. Mahavir
Prasad Ghildiyal.
10. The writ petition is, accordingly,
disposed of with liberty to petitioner to
make joint representation to the
Competent Authority in the University
within two weeks from today. If they
make representation within stipulated
time, the Competent Authority shall
decide the representation, as per law,
within six months thereafter.
(Manoj Kumar Tiwari, J)
09.03.2026
Aswal
NITI RAJ SINGH Digitally signed by NITI RAJ SINGH ASWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005aa85f9802a3a08b08d1369512ea30f3,
ASWAL
postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL
Date: 2026.03.11 09:04:08 -07’00’
2026:UHC:1495