[Cites 2, Cited by 0]
Uttarakhand High Court
WPSS/4139/2018 on 19 December, 2025
Author: Rakesh Thapliyal
Bench: Rakesh Thapliyal
2025:UHC:11406
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SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS/4139/2018
Hon'ble Rakesh Thapliyal, J.
1. Mr. Tanmay Tiwari, learned counsel, holding
the brief of Ms. Devika Tiwari, learned counsel for the
petitioner.
2. Mr. Pradeep Hairiya, learned Standing Counsel
for the State.
3. By the instant petition, petitioner is praying for
the following reliefs:
"i) issue a writ order or direction in the
nature of certiorari for quashing the order dated
05-05-2017 passed by respondent no. 3
(Annexure No. 9 to this writ petition).
ii) issue a writ order or direction in the
nature of mandamus directing the respondents to
grant pension to the petitioner from the date of his
superannuation.
iii) issue a writ order or direction in the
nature of mandamus directing the respondents to
pay arrears of pension along with interest to the
petitioner."
4. Learned counsel for the petitioner submits
that petitioner was initially inducted as Road Mate
in the year 1970 against substantive post and on
31.01.2012, he retired from service and at that time
the amount of gratuity and other benefits except
pension were given to the petitioner.
5. Learned counsel for the petitioner apprised
to this Court that in fact, earlier identical issue
came up before this Court, which went to Apex
Court and the Hon'ble Apex Court in Civil Appeal
No. 227 of 2014 (Vinod Kumar Goel Vs. State of
Uttarakhand) decided on 10.01.2014 held that
employees of Cane Development Corporation
cannot be discriminated and are entitled to get
pension. Based on the aforesaid judgment, another
matter came up before the Coordinate Bench of
this Court in WPSS No. 40 of 2018 (Gopal Singh
Bisht Vs. State of Uttarakhand), which was
allowed on 27.10.2018 by holding that since the
2025:UHC:11406
issue has been dealt with by the Hon'ble Apex
Court and as such, the judgement of the Hon'ble
Apex Court is binding.
6. Learned counsel for the petitioner submits
that present writ petition is squarely covered by
the judgment of the Coordinate Bench of this
Court in WPSS No. 40 of 2018 (Gopal Singh Bisht
Vs. State of Uttarakhand) dated 27.10.2018, which
is based on the judgment of Hon'ble Supreme
Court dated 10.01.2014 passed in Civil Appeal No.
227 of 2014 (Vinod Kumar Goel Vs. State of
Uttarakhand) decided on 10.01.2014.
7. Mr. Pradeep Hairiya, learned Standing
Counsel for the State have not disputed the
judgment of the Hon'ble Apex Court as well as of
this Court.
8. After perusing the entire record, this Court
is of the view that present writ petition is squarely
covered by the judgment of the Coordinate Bench
of this Court dated 27.10.2018 in WPSS No. 40 of
2018 (Gopal Singh Bisht Vs. State of Uttarakhand).
9. Accordingly, present writ petition is
disposed of in terms of the judgment passed by
the Coordinate Bench of this Court in WPSS No.
40 of 2018 (Gopal Singh Bisht Vs. State of
Uttarakhand) dated 27.10.2018. Respondents are
directed to give pensionary benefits to the
petitioner forthwith and calculate the arrears of
the pension and release the same in favour of the
petitioner within the period of three months from
the date of production of certified copy of this
order. In case, the arrears of the pension are
released after three months from the date of
production of certified copy, interest @ 7% per
annum shall be payable on the outstanding
amount to the petitioner to be calculated after
three months, as stated.
(Rakesh Thapliyal, J.)
19.12.2025
SKS
2025:UHC:11406
