Uttarakhand High Court
Diwan Singh Koranga vs State Of Uttarakhand & Others on 5 September, 2024
2024:UHC:6402-DB
Reserved on:14.06.2024
Delivered on:05.09.2024
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE MS. RITU BAHRI
AND
HON'BLE SRI JUSTICE RAKESH THAPLIYAL
Writ Petition (S/S) NO. 282 of 2023
Diwan Singh Koranga ...... Petitioner
Versus
State of Uttarakhand & others ..... Respondents
With
Writ Petition (S/S) No.498 of 2023
Bhuwan Chandra Kholiya ...... Petitioner
Versus
State of Uttarakhand and others ..... Respondents
Counsel for the Petitioner: Mr. M.C. Pant, Mr.
Harendra Belwal, learned
Counsels.
Counsel for the Respondent: Mr. C.S. Rawat, learned
CSC, Mr. Gajendra
Tripathi, learned Brief
Holder.
The Court made the following:
JUDGMENT:
(per Hon'ble the Chief Justice Ms. Ritu Bahri)
There were 14 connected matters, including Special
Appeals filed by the State Government against the order of
the learned single judge in WPSS 910 of 2021 (S/S) and Writ
2024:UHC:6402-DB
Petitions filed by individuals seeking directives for regularization
and benefits from the date of their initial appointment. We
already Segregated the bunch of special appeals from Writ
Petitions and separately delivered the judgment in writ petition
no. WPSS 441 of 2022"Suresh Chandra Kandwal Versus State of
Uttarakhand & Others".
2. The petitioner in WPSS 282 of 2022 seeks a writ of
mandamus, directing the respondents to quash the letter no.
1422/29-3(3), dated 23.12.2022. The petitioner also seeks to
direct the respondents to release the pension and its arrear under
the old pension scheme as directed by Hon'ble Apex Court in the
case of "Prem Singh Vs. State of Uttarakhand & Others (2019) 10
SCC 516". Earlier, the matter was listed before the learned single
judge. Later, vide order dated 13.07.2023, the matter was tagged
with WPSS 441 of 2022.
3. Similarly, the petitioner in WPSS 498 of 2023 seeks a
writ of mandamus directing the respondents to grant the notional
regularization, w.e.f. 20.06.1991, when he had entered in the
respondent department on a daily wage basis. The petitioner
further seeks to direct the respondents to release the pension in
the favour of the petitioner under the old pension scheme, after
taking into consideration the services rendered by the petitioner
on a daily wage basis as a qualifying service for determination of
pension and to release the arrears of the salary of the pension
and to award the interest in favour of the petitioner on the
delayed of the payment. This case also has been listed before the
learned single judge. Later, vide order dated 29.03.2023, the
matter was tagged with WPSS No. 441 of 2022.
2024:UHC:6402-DB
4. Since, in both these cases, the issue involved is similar
to the issue that has been referred to divisional bench in WPSS
441 of 2022. The Judgment in WPSS No.441 of 2022 "Suresh
Chandra Kandwal Versus State of Uttarakhand & Others", has
been already delivered vide judgment order dated 20.08.2024.
5. Keeping in view, the judgment delivered in WPSS 441
of 2022, We are allowing these writ petitions.
6. The respondents are directed to recalculate petitioners'
pension after including the period from their initial appointment
totill their date ofsuperannuation, within a period of two months,
and give necessary benefits to the petitioner. After re-fixing the
pension of the petitioner, arrears will be restricted only to three
years.
7. Pending application, if any, also stands disposed of.
_________________
(RITU BAHRI, C.J.)
__________________
(RAKESH THAPLIYAL, J.)
NR/
NITES
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Date: 2024.09.09 12:02:29 +05'30'
T
