Sudhir Budakoti vs State Of Uttarakhand & Others
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Uttarakhand High Court

Sudhir Budakoti vs State Of Uttarakhand & Others on 13 March, 2026

                                                    2026:UHC:1698-DB


HIGH COURT OF UTTARAKHAND AT NAINITAL
 THE HON'BLE CHIEF JUSTICE SHRI MANOJ KUMAR GUPTA
                               AND
       THE HON'BLE JUSTICE SHRI SUBHASH UPADHYAY
                          13th March, 2026

              Writ Petition (S/B) No. 121 of 2026

Sudhir Budakoti                                     ------Petitioner

                               Versus

State of Uttarakhand & others                 -----Respondents
----------------------------------------------------------------------
Presence:-
Mr. Shailendra Nauriyal, learned counsel for the petitioner.
Mr. Puran Singh Bisht, learned Additional Chief Standing Counsel for
the State/respondent no. 1.
Mr. C.S.Rawat, learned counsel for the respondent nos. 2 & 4.


JUDGMENT:

(per Manoj Kumar Gupta, C.J.)

1. The petitioner after facing selection held by the

Uttarakhand Public Service Commission, was appointed as

Registrar, Kumaon University, Nainital on 23.11.2009. He

retired upon attaining the age of superannuation on

30.06.2023. The petitioner has already been paid the entire

provident fund and leave encashment amount. He is

claiming the pension under the Old Pension Scheme. He

places reliance on an order passed by Vice Chancellor,

Kumaun University, Nainital dated 11.03.2013, whereby,

the Vice Chancellor extended the benefit of Old Pension

Scheme to the petitioner.

2. Mr. C. S. Rawat, Advocate appearing on behalf of

respondents no. 2 & 4 has however opposed the claim. He

submits that the petitioner was Officer of the State

2026:UHC:1698-DB Government and the Vice Chancellor, Kumaon University

was not competent to pass any order extending benefit of

Old Pension Scheme to the petitioner. He submits that the

cut-of-date for applicability of Old Pension Scheme is

01.10.2005 and, therefore, the petitioner is not entitled to

benefit of Old Pension Scheme.

3. Learned State counsel submits that the State

Government will examine the rival contentions and take an

appropriate decision.

4. This, in our opinion, would serve the interest of

justice.

5. Accordingly, without expressing any opinion on

merits, the writ petition is disposed of with direction to

respondent no.1 to take decision on the claim of the

petitioner, regarding payment of pension and gratuity, as

per Old Pension Scheme within a period of 6 weeks from

the date of communication of the instant order along with a

fresh representation

6. Pending application, if any, also stands disposed

of.

(MANOJ KUMAR GUPTA, C.J.)

(SUBHASH UPADHYAY, J.) Dated: 13.03.2026 Kaushal

2026:UHC:1698-DB