WPSS/1695/2021
2021 Latest Caselaw 5363 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
     ON THE 28TH DAY OF DECEMBER, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     WRIT PETITION (S/S) No. 1695 of 2021
BETWEEN:

Anil Raj                               ... Petitioner
     (By Ms. Neetu Singh, Advocate)

AND:

Union of India & others                ... Respondents

     (By Mr. Pankaj Chaturvedi, learned Central Government
     Standing Counsel for the Union of India)


                        JUDGMENT

1. Petitioner was given compassionate appointment on the post of Pump Operator in Cantonment Board, Roorkee vide order dated 24.05.2004. Since petitioner is being treated to be covered by the new Pension Scheme, which was enforced w.e.f. 01.01.2004, therefore, petitioner has approached this Court, seeking following relief:-

(a) Issue an appropriate order, Writ or directions in the nature of Mandamus commanding & directing the Respondents to put the Petitioner's appointment dated 24.05.2004 (Annexure-3) under Old Pension Scheme as per directions of Hon'ble Supreme Court and acceptance of directions of Supreme Court by the Govt. of India in Parliament (Annexed herewith as Annexure No.-6), in the interest of justice to the Petitioner.

(b) Issue an appropriate order, Writ or directions in the nature of Mandamus

commanding and directing the Respondents to decide the Representations dated 14.09.2021 & 13.10.2021 (annexed herewith as Annexure-7 colly) by an speaking order in the light of grounds taken in this Writ Petition, in the interest of justice to the Petitioner.

(c) Issue an appropriate order, Writ or directions in the nature of Mandamus commanding & directing the Respondents to declare the initial appointment of Petitioner deemed to have appointed immediately after directions of this Hon'ble High Court dated 19.05.2003 (Annexure-1) and hence prior to implementation of National contributory Pension Scheme (NPS), to meet ends of justice to the Petitioner.

2. It is contended by Ms. Neetu Singh, learned counsel for the petitioner that deduction from petitioner's salary was made towards Old Pension Scheme, but subsequently, deducted amount was refunded to the petitioner. Thus, according to her, petitioner is entitled to be continued in the Old Pension Scheme.

3. After arguing for a while, Ms. Neetu Singh, learned counsel appearing for the petitioner confines her prayer and submits that petitioner has made a representation on 14.09.2021 to the Chief Executive Officer, Cantonment Board, Rookee, who may be directed to take decision on petitioner's representation.

4. Accordingly, the writ petition is disposed of with a direction to Chief Executive Officer, Cantonment Board, Roorkee to consider petitioner's representation dated 14.09.2021 and take

appropriate decision, in accordance with law, within eight weeks from the date of production of certified copy of this order along with copy of representation.

(MANOJ KUMAR TIWARI, J.) Aswal