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Uttarakhand High Court
WPSS/2169/2022 on 10 March, 2026
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2026:UHC:1526
Office Notes,
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Date or directions COURT'S OR JUDGE'S ORDERS
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and Registrar's
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Signatures
WPSS/2169/2022
Hon'ble Manoj Kumar Tiwari, J
1.
Mr. Tushar Upadhyaya, learned counsel
for the petitioner.
2. Mr. P.C. Bisht, learned Additional
C.S.C. for the State of Uttarakhand.
3. Petitioner was an employee of a
Government Company known as "HILTRON",
which was closed in 2002. However,
petitioner, along with 102 other employees
of HILTRON, was sent to Department of
Training & Employment, where they served
on deputation till their absorption in 2019.
4. Petitioner retired from service after
attaining age of superannuation in the year
2020. After his retirement, he made
representation to Director, Training &
Employment claiming pension and other
retiral benefits for the services rendered
between 17.09.2002 to 30.11.2020. The
said representation was rejected by
referring Rule 6 of Uttarakhand Technical
Education Department and Skill
Development & Employment Department
Absorption Rules, 2019 (in short 'Absorption
Rules'), which were notified on 29.08.2019.
Reference was also made to Rule 8, which
provides that the cut-of-date for absorption
would be 27.11.2015.
5. Learned State Counsel has produced in
Court judgment dated 18.03.2025 rendered
by Division Bench of this Court in WPSB No.
576 of 2019, in which validity of
"Uttarakhand Technical Education
Department and Skill Development &
Employment Department Absorption Rules,
2019" was upheld. Learned State Counsel
placed heavy reliance upon para 11 of the
said judgment, which reads under:-
2026:UHC:1526
"11. He further submits that as HILTRON
employees, petitioners were not entitled to
pension; state employees, appointed after
01.10.2005, are covered by New Pension
Scheme, and, HILTRON employees upon
absorption in the department are also given
benefit of New Pension Scheme, thus they
are treated at par with other government
servants for all practical purposes."
6. This Court does not find any reason to
interfere with the impugned order.
Petitioner's claim for pension and other
reitral benefit is unfounded, as petitioner
acquired the status of Government Servant
only on 27.11.2015, when he was absorbed
in service of Department of Training &
Employment. Thus, the claim staked by
petitioner for pension for the entire period
during which he served in Department of
Training & Employment is devoid of merit.
The service, which he rendered before
absorption was as a deputationist and he
had no lien on any post in Department of
Training & Employment. Since petitioner's
absorption was made strictly as per
provision of Absorption Rules, therefore, his
absorption would be governed by terms and
conditions mentioned in those Rules.
7. Even otherwise also, petitioner's
absorption was made after introduction of
New Pension Scheme, therefore, Director,
Training & Employment rightly denied
petitioner's claim for pension.
8. In such view of the matter, the writ
petition fails and is dismissed.
(Manoj Kumar Tiwari, J)
10.03.2026
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: 2026.03.10 05:07:38 -07'00'
2026:UHC:1526
