WPSS/2052/2018
2025 Latest Caselaw 5549 UK

Citation : 2025 Latest Caselaw 5549 UK
Judgement Date : 17 November, 2025

Uttarakhand High Court

WPSS/2052/2018 on 17 November, 2025

Author: Rakesh Thapliyal

Bench: Rakesh Thapliyal

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                                      WPSS No. 2052 of 2018

                                      Hon'ble Rakesh Thapliyal, J.

1. Mr. M.C. Kandpal, learned senior counsel assisted by Mr. Devesh Kandpal, learned counsel for the petitioner.

2. Mr. Pradeep Hairiya, learned Standing Counsel for the State.

3. Mr. Satyendra Singh Lingwal, learned counsel for the University through V.C.

4. By the instant writ petition the petitioner is praying for the following relief:

"Issue a writ order or direction in the nature of mandamus commanding and directing the respondent authorities to pay the retiremental benefits such as pension, gratuity and other benefits to the petitioner from the date he retired from the services, i.e. 31.12.2008, on attaining the age of superannuation considering his entire service period of 18.2.1985 to 31.12.2008. "

5. Learned senior counsel Mr. M.C. Kandpal argued that the petitioner was engaged in 1985 as a Helper Mechanic in the Training and Employment Directorate through a rigid selection process and continued, however, his services were regularized in the year of 2000 on 01.02.2000 and thereafter he retired from services on 31.12.2008. He submits that the respondents are not computing the period which the petitioner rendered since 1985 for the purposes of pension and they are computing the period only from the date of regularization.

6. Mr. M.C. Kandpal submits that the issue as raised in this petition is squarely covered by the judgment of the Hon'ble Apex Court in the case of Prem Singh vs. State of U.P. 2019 (1)) SCC 516 as well as in the case of Habib Khan vs. State of Uttarakhand 2020 SCC (10) 542.

7. Learned counsel Mr. Lingwal, who appears for the University, seeks a week's time to get the instructions and to apprise this court whether the issue as raised in this petition is squarely covered by the aforesaid judgment or not.

8. Put up this matter on 27.11.2025.

(Rakesh Thapliyal, J.) 17.11.2025 PR