Uttarakhand High Court
WPSS/1798/2025 on 4 November, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:9727
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS/1795/2025
With
WPSS/1798/2025
Hon'ble Manoj Kumar Tiwari, J
1. Dr. Kartikey Hari Gupta, learned
counsel for the petitioner.
2. Mr. Narayan Dutt, learned Standing
Counsel for the State of Uttarakhand.
3. Since common questions of fact and
law are involved in both the petitions,
therefore, these petitions are clubbed
together and decided by this common
judgment. However, for the sake of
brevity and convenience, facts of WPSS
No. 1795 of 2025 alone are being
considered and discussed.
4. According to petitioner, he was
serving as Assistant Teacher in an
unaided recognised school, which was
included in the grant-in-aid list in 2014.
He completed age of superannuation in
July, 2020, however, he was permitted to
serve as Teacher till 31.03.2021, by
giving benefit of Policy Decision, which
permits Teachers to serve till end of
Academic Session.
5. By means of this writ petition,
petitioner has sought a direction to
respondents to give benefit of service
rendered by him in the concerned school
before it was included in grant-in-aid list,
for the purposes of selection grade,
promotion pay-scale, assured career
progression (ACP), pension etc.
6. Learned counsel for the petitioner
2025:UHC:9727
submits that issue involved in this writ
petition is covered by judgment dated
27.03.2017 rendered by learned Single
Judge of this Court in WPSS No. 1955 of
2015, which was affirmed by Division
Bench of this Court in SPA No. 279 of
2018, vide judgment dated 30.08.2018.
Learned counsel for the petitioner also
refers to the subsequent judgments
rendered by learned Singe Judge of this
Court in which reliance was placed upon
aforesaid Division Bench judgment.
7. Mr. Narayan Dutt, learned State
Counsel, however, submits that petitioner
is a fence sitter; he should have
approached this Court, which he has now
sought, in 2014 when the Institution
where he was serving, was included in
the grant-in-aid list; he should have filed
writ petition when other similarly situate
persons had filed writ petitions in 2015-
16; however, petitioner slept over the
matter all through, though he completed
age of superannuation in July, 2020, and
ultimately, retired from service by
availing the benefit of Academic Session,
on 31.03.2021 and now more than five
years after his retirement, petitioner has
approached this Court. He further
submits that there is inordinate and
unexplained delay of more than ten
years in the writ petition, therefore, the
relief, as claimed, cannot be granted at
this belated stage to the petitioner.
8. This Court finds substance in the
submission made by learned State
Counsel. Admittedly, petitioner slept over
his right all through, while writ petitions
filed by other similarly situate persons
were being decided. There is no
explanation for the delay and laches
caused by petitioner in filing the writ
2025:UHC:9727
petition. Since petitioner completed age
of superannuation in July, 2020,
therefore, this writ petition cannot be
entertained after nearly six years of his
attaining the age of superannuation for
the reliefs as havs been sought.
9. Accordingly, the writ petition fails
and is dismissed.
(Manoj Kumar Tiwari, J)
04.11.2025
Aswal
NITI RAJ Digitally signed by NITI RAJ SINGH ASWAL
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
ou=HIGH COURT OF UTTARAKHAND,
SINGH
2.5.4.20=eacc6757ee7881e933ff8934f07477005aa
85f9802a3a08b08d1369512ea30f3,
postalCode=263001, st=UTTARAKHAND,
serialNumber=44EB54CBF00B7698CB6F10C2CE3D
ASWAL
26F5C22DACF4F4610C1FE58A58531726FBB0,
cn=NITI RAJ SINGH ASWAL
Date: 2025.11.04 04:02:19 -08'00'
