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2025 Supreme(Online)(UK) 3254
HIGH COURT OF UTTARAKHAND
RISHI PAL – Appellant
Versus
STATE OF UTTARAKHAND THROUGH SECRETARY EDUCATION GOVT. OF U.K. DEHRADUN – Respondent
WPSS 1985 / 2025
SL. N o.
D a t e
Office N ot e s, r e por t s, or de r s or pr oce e dings or dir e ct ion s a nd Re gist r a r ’s or de r w it h Signa t ur e s
COU RT’S OR JU D GE’S ORD ERS
H W PSS 1 9 8 5 / 2 0 2 5 on’ble M a noj Kum a r Tiw a r i, J. Ms. Prabha Nait hani, Advocat e, for t he pet it ioner. Mr. Raj eev Singh Bisht , Addit ional CSC, for t he St at e. Pet it ioner has challenged a ( 2) com m unicat ion, issued by Chief Educat ion Officer, Haridwar t o Manager/ Principal, Kisan Vidyalaya I nt er College, Laksar, Haridwar, on 1.5.2025. By t he said com m unicat ion, Manager/ Principal of t he concerned College was inform ed t hat since pet it ioner was never regularised on t he post of Assist ant Teacher, LT Grade and his st at us was t hat of ad hoc em ployee, t herefore, he is not ent it led for pension and, accordingly, proposal subm it t ed by t he Managem ent is being ret urned. By m eans of t his writ pet it ion, pet it ioner has sought t he follow ing reliefs: “ ( i) I ssue a writ , order or direct ion in t he nat ure of Cert iorari quashing t he im pugned let t er dat ed 1.5.2025 ( Annexure- 9) issued by Chief Educat ion Officer Haridwar, let t er dat ed 15.5.2025 ( Annexure- 10) Principal/ Manager of t he KV I nt er College Laksar & report / let t er dat ed 11.10.2025 ( Annexure- 12) raised by Principal/ Manager of KV I nt er College Laksar Haridwar. ( ii) I ssue a writ , or der or direct ion in t he nat ure of Mandam us, com m anding and direct ing t he respondent s t o fort hwit h im plem ent t he binding j udgm ent of t he Hon’ble Suprem e Court of I ndia in Civil Appeal No. 1673 of 2012, t it led Dist rict I nspect or of School & Anr . Vs. Rishi Pal & Ors and accordingly t o com put e ret iral benefit s of pet it ioner including pension, grat uit y, leave encashm ent and all ot her service benefit s and dues, on t he basis of cont inuous not ional service fr om 30.08.1992 t ill t he dat e of superannuat ion of t he pet it ioner and t o release t he ent ire said arrears of ret iral dues wit h adm issible int erest wit hout any furt her delay”
( ( ( 3) Learned Counsel for t he pet it ioner t hough adm it s t hat pet it ioner was appoint ed on ad hoc basis as Assist ant Teacher, LT Grade and his services were never regularised, how ever she relies upon t he j udgm ent rendered by Hon’ble Suprem e Court in Civil Appeal No. 1673 of 2012. Operat ive port ion of t he said j udgm ent is ext ract ed below : “ I n such circum st ances, w e direct rest orat ion of t he respondent - writ pet it ioner in t he post in quest ion. So far as t he back wages is concer ned, we direct a lum p sum pay m ent of Rupees Ten Lakhs t o be paid t o t he r espondent - writ pet it ioner wit hin a period of t hree m ont hs from t oday. He shall also get not ional benefit of cont inuat ion of service and t he said benefit shall be fact or ed in for t he com put at ion of his ret iral benefit s as w ell. I n t he event t he post from w hich t he respondent - wr it pet it ioner was r em oved from , st ands filled up, as an ex cept ional case, we are direct ing creat ion of a super num erary post t o accom m odat e t he respondent - writ pet it ioner whish shall cease aft er his superannuat ion. As we are awar ding back wages of Rupees Ten Lakhs in lum psum t o t he r espondent - writ pet it ioner, t he cost s im posed by t he High Court shall st ands set aside.” 4) Learned St at e Counsel subm it s t hat Hon’
