Office Notes,

reports, orders

SL. or proceedings or

Date COURT’S OR JUDGE’S ORDERS

No. directions and

Registrar’s order with Signatures

WPSS/ 1065/ 2022

With

WPSS No. 1645/2017, WPSS No. 3172/2018, WPSS No. 3474/2018, WPSS No. 3567/2018, WPSS No. 3643/2018, WPSS No. 3652/2018, WPSS No. 3655/2018, WPSS No. 2104/2019, WPSS No. 2125/2019, WPSS No. 2126/2019, WPSS No. 2130/2019, WPSS No. 2131/2019, WPSS No. 2189/2019, WPSS No. 2199/2019, WPSS No. 2200/2019, WPSS No. 2202/2019, WPSS No. 2203/2019, WPSS No. 2204/2019, WPSS No. 2232/2019, WPSS No. 2259/2019, WPSS No. 2324/2019, WPSS No. 2325/2019, WPSS No. 2326/2019, WPSS No. 2329/2019, WPSS No. 2414/2019, WPSS No. 2439/2019, WPSS No. 2551/2019, WPSS No. 6/2020, WPSS No. 248/2020, WPSS No. 1269/2020, WPSS No. 423/2021, WPSS No. 1480/2021, WPSS No. 8/2023 and

WPSS No. 280/2023

Hon’ble Manoj Kumar Tiwari, J.

Mr. Lalit Samant, Mr. Anil Kumar Joshi, Mr.

Kailash Chandra Tewari and A.M. Saklani, Advocates for

the petitioners, in their respective writ petitions.

Mr. Rajeev Singh Bisht, Additional Chief Standing

Counsel with Mr. Narayan Dutt, Standing Counsel for the

State of Uttarakhand.

Mr. Ishawari Dutt Paliwal, Standing Counsel for the

State of Uttar Pradesh in some of the connected writ

petitions.

2. Petitioners were appointed as Assistant Teacher/Lecturer on ad-hoc basis and their services were

subsequently regularised.

3. Since common questions of law and fact are involved in these petitions, therefore they are heard together and are being decided by a common judgment. However, for the sake of brevity, facts of Writ Petition No. 1065 of 2022 (SS), Bhan Dev Bhatt Vs. State of Uttarakhand and another alone are being considered and

discussed.

4. Petitioner in Writ Petition No. 1065 of 2022 (SS) was initially appointed on ad-hoc basis as Assistant Teacher, LT Grade w.e.f. 26.11.1990, his services were regularised on the post of Assistant Teacher, LT Grade on 05.03.2002 pursuant to Government Order dated

26.12.2001.

5. According to the petitioners, services rendered by them as LT Grade Teacher/Lecturer before regularisation of their services has to be taken into account for grant of all service benefits, including pension and gratuity.

6. Reliefs sought in Writ Petition No. 1065 of 2022 (SS) are as follow:

“i) Issue a writ, order or direction in the nature of Mandamus directing the respondents to treat the services of the petitioner regularized from the date of his initial engagement on adhoc basis as Assistant Teacher, L.T. Grade as per the conditions of the Govt. Order dated 26.12.2001 or from the cutoff date fixed in the said Govt. Order dated which is 07.08.1993.

ii) Issue a writ, order or direction in the nature of Mandamus directing the respondents count services of the petitioner from his initial date of appointment for granting benefit of Gratuity and pension.”

7. Learned counsel for the petitioner has drawn attention of this Court to a Government Order issued on 05.01.2026, which provides for taking into account the ad-hoc services for selection grade and promotion pay-

scale.

8. Learned State Counsel submits that although a Government Order has been issued on 05.01.2026; however, it deals only with selection grade and promotion pay scale. He submits that the issue of other monetary benefits and pension is not covered by any Government Order, and as per the statutory rules, petitioners are not entitled to benefit of ad-hoc services for pension.