WPSS/1840/2023 on 9 March, 2026

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    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.

    SPONSORED

    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



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