WPSB/32/2026
2026 Latest Caselaw 844 UK

Citation : 2026 Latest Caselaw 844 UK
Judgement Date : 9 February, 2026

[Cites 0, Cited by 0]

Uttarakhand High Court

WPSB/32/2026 on 9 February, 2026

                      Office Notes,
                   reports, orders or
SL.                 proceedings or
         Date                                              COURT'S OR JUDGES'S ORDERS
No                   directions and
                   Registrar's order
                    with Signatures
      09.02.2026                        WPSB No.32 of 2026
                                        Hon'ble Manoj Kumar Gupta, C. J.
                                        Hon'ble Subhash Upadhyay, J.

Mr. V.K. Kaparuwan, learned Standing Counsel for the Union of India/petitioners.

2. The petitioners have assailed an order dated 25.04.2025 passed by Central Administrative Tribunal, Principal Bench, New Delhi in O.A. No.710/2023, whereby the Tribunal has directed to accord pensionary benefits to the deceased employee.

3. The submission of learned counsel for the petitioners is that the deceased retired employee was given temporary status in pursuance of a scheme formulated by the Department by order dated 14.07.1993. Thereafter, by another order dated 27.06.2013, he was recruited in the MTS Cadre. However, he declined to accept the appointment in MTS Cadre, vide his letter dated 01.07.2013, as he was due to retire within one year. The employee, thus, retired with the status of temporary employee. A temporary employee is not entitled to pension unless regularized in MTS/Group 'D' cadre. This was also clarified by an amendment carried out by the Government of India, Department of Postal, vide letter dated 12.08.2017. The Tribunal, without considering the said aspect, has directed for payment of retiral benefits and pension by treating him to be a regular Group 'D' employee; consequently the order of the Tribunal is manifestly illegal.

4. The matter requires consideration.

5. Issue notice to the respondents by registered post, apart from normal mode of service.

6. Steps shall be taken within a week.

7. Counter affidavit, if any, be filed by the respondents on or before the next date.

8. List in the week commencing 23.03.2026 along with office report.

9. In the meantime, having regard to the facts of the case and the submissions made, the effect and operation of the impugned order of the Tribunal dated 25.04.2025 shall remain in abeyance.

(Subhash Upadhyay, J.) (Manoj Kumar Gupta, C.J.) 09.02.2026 09.02.2026

Rajni