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Judgment
Hon’ble Pankaj Purohit, J. (Oral)
By means of present writ petition, petitioners have sought a mandamus commanding and directing the respondents to forthwith process the option letters submitted by them to the Sub-Divisional Magistrates of Chakrata and Kalsi, which were duly forwarded to the District Magistrate, Dehradun, and to give effect to the one-time option exercised by petitioners for their inclusion in the Old Pension Scheme.
It is the case of petitioners that they were selected for Patwari/Lekhpal training against available vacancies in the year 1995-96 and they had successfully completed their Patwari training in the year 1996. Several candidates, who were junior and similarly situated to petitioners, were appointed as Patwari in different districts. Learned Commissioner, Garhwal Mandal issued directions on 17.08.2004 for appointment of persons who had completed Patwari training in 1996, but they have not given appointment. Aggrieved by the inaction regarding their appointment, similarly situated candidates approached this Court in various writ petitions, which were allowed vide judgment and order dated 08.11.2012 and in compliance of the said order, respondents issued appointment orders in favour of petitioners and petitioners joined their duties in March 2013. State Government issued a Notification No.27057/ 2023 dated 07.11.2023 (Annexure No.5 to the writ petition), whereby, the options were called from the government servants who were appointed or regularized after cut-off date to exercise one-time option for their inclusion in Old Pension Scheme.
Pursuant to the aforesaid Notification, petitioners have exercised their options for their inclusion in the Old Pension Scheme and submitted those option letters to SDM, Chakrata and Kalsi, which was forwarded to the District Magistrate, Dehradun on 30.01.2024.
When, no decision has been taken on the option exercised by petitioners by respondent No.4-District Magistrate, Dehradun, petitioners submitted their representation dated 27.05.2026 (Annexure No.8 to the writ petition) to respondent No.4-District Magistrate, Dehradun, to take decision on the option exercised by them, which was forwarded to him by SDM, Chakrata and Kalsi. The said representation is still pending disposal.
Learned counsel for petitioners submits that if a direction is issued to respondent No.4-District Magistrate, Dehradun to take a decision on the option exercised by petitioners in a time bound manner, the ends of justice would be met.
Learned State Counsel has no objection if such order is passed by this Court.
Accordingly, writ petition is finally disposed of. Respondent No.4-District Magistrate, Dehradun is directed to take a decision on the petitioners’ representation dated 27.05.2026 (Annexure No.8 to the writ petition), by a reasoned and speaking order, within a period of two months from the date of receipt of certified copy of this order.