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2026:UHC:4003

HIGH COURT OF UTTARAKHAND AT NAINITAL

HON’BLE SRI JUSTICE MANOJ KUMAR TIWARI

Writ Petition Service Single No. 144 of 2024

21 May, 2026

Dr. Mahendra Pal Singh Grewal --Petitioner

Versus

State of Uttarakhand & others --Respondents

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Presence:-

There is no representation for the petitioner.

Mr. K.N. Joshi, Deputy Advocate General for the State of

Uttarakhand.

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JUDGMENT

Petitioner was appointed as Assistant Teacher

in A.N. Jha, Government Inter College, Rudrapur in the

year 1986 for teaching Punjabi language, however, he

thereafter accepted appointment as Professor (Hindi) in

Sri Gurunanak Khalsa Degree College, Ganganagar

(Rajasthan) w.e.f. 18.11.1988, without resigning from

the post of Assistant Teacher in A.N. Jha, Government

Inter College, Rudrapur.

2. According to petitioner, he served as

Professor at Ganganagar till 27.11.1995 and thereafter

he re-joined duties in A.N. Jha, Government Inter

College, Rudrapur on 07.03.1996. Petitioner retired

from service after attaining age of superannuation on

31.03.2006.

3. By means of this writ petition, petitioner has

sought the following reliefs:

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“(i) To issue a writ, order or direction in nature of

mandamus directing the respondents to grant the

pension to the petitioner for his complete service,

along with 12% interest, for the delayed payment,

from the date of his superannuation till the date of

actual payment for the delayed payment.

(ii) To issue a writ, order or direction in the nature of

mandamus directing the respondents to give the

retiral benefits to the petitioner for his complete

service, along with 12% interest, for the delayed

payment, from the date of his superannuation till the

date of actual payment for the delayed payment.”

4. A counter affidavit is filed by Mr. Daya

Shaknakar Pandey on behalf of respondent nos. 2 & 3.

Para no. 3 of the said counter affidavit is reproduced

below:-

“3. That the petitioner was appointed in the

office of District Inspector of School Nainital vide

order no. 9 dated 2.8.1986 in CT cadre as Assistant

Teacher (Punjabi). The petitioner has joined in

Government Inter College, Rudrapur, Nainital on

7.8.1986. The petitioner after his first appointment

on 7.8.1986 to 28.8.1988 has posted as Assistant

Teacher in Government Inter College, Rudrapur,

Nainital. The petitioner after his total services from

5.1.1988 to 30.4.1988 (total 1 month 7 days) was on

leave without pay and from 8.7.1988 to 4.8.1988

(total 28 days) was on medical leave.

During appointment as Assistant Teacher, the

petitioner without taking permission from

department, the petitioner has worked as Lecturer

(Hindi) in Government Inter College Gadarpur from

5.1.1988 to 30.4.1988 on part time basis. It is

further submitted that form 18.11.1988 to

27.11.1995 the petitioner has worked in Shri Guru

Nanak Khalsa Degree College Ganganagar,

Rajasthan. In this regard the petitioner has never

applied for no objection certificate. The petitioner

from 28.8.1988 to 6.3.1996 was absent from

Government Inter College Rudrapur Nainital without

any permission and information to department. As

per office record of the school, the warning letter was

issued to petitioner on 29.7.1992 despite that the

petitioner has not joined in Government Inter College

Rudrapur Nainital.

On 8.3.1996 the Additional Education Director,

Kumaun Division, Nainital due to mistake has given

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promotion to petitioner on Assistant Teacher LT

Grade, but due to long absent from department

finally the promotion of the petitioner was cancelled.

The District Inspector of School Nainital vide letter

no. 2/93 dated 15.4.1996 on the ground that the

petitioner is absent till 10.8.1992 as well as absent

from 28.8.1988 to 6.3.1996 there was not provision

to sanction leave for 8 years. The services of the

petitioner were terminated.

Against termination order dated 15.4.1996 the

petitioner has filed a petition no. 416/19