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Uttarakhand High Court
WPSS/2294/2025 on 9 April, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:2566
Office Notes,
reports, orders
or proceedings
SL.
Date or directions COURT'S OR JUDGE'S ORDERS
No.
and Registrar's
order with
Signatures
WPSS/2294/2025
With
WPSS/2296/2025
Hon'ble Manoj Kumar Tiwari, J
1. Mr. Mohit Bhauryal, learned counsel
for the petitioners.
2. Mr. Pradeep Hairiya, 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. 2294 of 2025 alone are being
considered and discussed.
4. Petitioner was initially appointed on
daily wages on 19.03.1975 for
discharging duties as Forest Guard and
his services were regularised on
15.09.2003. Petitioner retired from the
post of Forest Guard on 30.09.2012.
After his retirement, petitioner was not
given pension on the ground that he has
not rendered minimum qualifying service
of ten years, post regularisation.
Petitioner filed a writ petition and
pursuant to the direction in that writ
petition, petitioner was given pension.
5. Petitioner contends in this writ
petition that earlier he was given
₹12600+Dearness Relief as pension;
however, by communication dated
04.09.2025, issued by Divisional Forest
Officer, Bageshwar Forest Division,
2026:UHC:2566
Senior Treasure Officer was directed to
reduce his pension to ₹9,000+DR. Thus,
feeling aggrieved, petitioner filed this
writ petition seeking the following
reliefs:-
(i) Issue a writ, order or direction in the nature
of certiorari to quash the letter No. 1060/I-9
dated 04.09.2025 by the Divisional forest
officer to Senior Treasury Officer contained
in Annexure No. 3 to the writ petition.
(ii) Issue a writ, order or direction in the nature
of mandamus directing the respondents not
to recover any amount from the pension of
the petitioner.
6. A counter affidavit is filed by Mr.
Aditya Ratna, Divisional Forest Officer,
Bageshwar Forest Division, Bageshwar in
which stand taken is that due to
technical glitch in the pension software of
the Department, petitioner's pension was
wrongly revised to ₹12600+DR, while he
is entitled to only ₹9000+DR, as pension.
7. Para 6 & 7 of the counter affidavit
are extracted below:-
"(6) That in pursuance of the Hon'ble
Court's order dated 10.12.2015, the petitioner
has been sanctioned the pension by treating that
the petitioner had rendered 10 years qualifying
service in the Department. Since, at that relevant
time the details of the petitioner was filled online
through IFMS portal therefore, the department
instead of actual date of regularization i.e.
15.09.2003, considered the date of regularization
of the petitioner as 17.09.2002 and the date of
retirement as 30.09.2012 (10 years 13 days). At
the time of retirement, the last pay drawn by the
petitioner (basic pay) was Rs. 9650/-,
consequently, the petitioner has been sanctioned
the pension of Rs. 3500 + DR and the petitioner
got his monthly pension regularly till 01.01.2016
without any interruption. Trud/correct typed
version/copy of the Govt. Order dated
26.10.2016 and Pension Payment Order of the
petitioner in 6th Pay Commission are collectively
being annexed as Annexure No. 1 to this
2026:UHC:2566
affidavit.
(7) That after implementation of the
recommendation of 7th Pay Committee by the
State, the monthly pension of the petitioner has
been revised online. It is not out of context that
as per the revision of pension in the 7th Pay
Commission, in case the petitioner was on service
his basic pay would be fixed at Rs. 25200 and on
the basis of which the petitioner got monthly
pension of Rs. 9000+DR, which is the minimum
pay prescribed by the State Govt. However, due
to technical glitch in the pension software of the
Department, the pension of the petitioner has
been revised to Rs. 12600+DR, instead of Rs.
9000+DR. The revision of pension to Rs.
12600+DR was done by the software taking note
of date of qualifying service of 20 years, whereas
the petitioner has rendered only 10 years
qualifying service (actual 9 years, 15 days).
True/correct typed version/copy of the details of
revised pension filled online in the IFMS portal of
the petitioner in 7th Pay Commission is being
annexed as Annexure No. 2 to this affidavit."
8. From the stand taken by the
Department, it is revealed that
petitioner's pension was wrongly revised
to ₹12600+DR due to technical glitch,
and the same was subsequently
corrected when this anomaly came to the
notice of the Authorities, therefore, the
impugned communication dated
04.09.2025, issued by Divisional Forest
Officer, cannot be termed as illegal, as by
the said communication a mistake was
sought to be corrected.
9. Learned counsel for the petitioner
submits that every Government Servant
is entitled to 50% of his last basic pay as
pension, therefore, the stand taken in
the counter affidavit that petitioner's
pension has to be fixed at ₹9000+DR is
not correct. He submits that there
appears to be some anomaly in fixation
of his pension, therefore, appropriate
direction be issued to the Competent
Authority to correct that anomaly.
2026:UHC:2566
10. Learned State Counsel submits that
if petitioner feels that his pension has not
been fixed at an appropriate level and it
needs to be re-fixed, then he can
approach the Competent Authority by
making representation.
11. While declining to interfere with the
impugned communication dated
04.09.2025, the writ petitions are
disposed of with liberty to petitioner(s)
to approach the Competent Authority by
making representation(s). If he makes
representation(s) within one week from
today, decision thereupon shall be taken
as per law, within three weeks thereafter.
12. For a period of one month or till
decision is taken on petitioners'
representation(s), whichever is earlier,
no recovery shall be made from them.
(Manoj Kumar Tiwari, J)
09.04.2026
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=eacc6757ee7881e933ff8934f07477005aa85f9802
a3a08b08d1369512ea30f3, postalCode=263001,
st=UTTARAKHAND,
serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C2
2DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH
ASWAL
ASWAL
Date: 2026.04.09 01:42:26 -07'00'
