WRIT PETITION 11173 of 2025 on 1 April 2005

1. Heard learned counsel for petitioners and learned State Counsel for opposite parties.

2. Petition has been filed seeking the following prayer:-

i. a writ, order or direction in the nature of mandamus, commanding the opposite parties to treat the petitioners notionally appointed since year 2000 on the post of Ayurvedic Pharmacist and grant all consequential service benefits by revising them from time to time and further extend the benefit of Old Pension Scheme under the provisions of U.P. Retirement Benefits Rules-1961.

ii. a writ, order or direction in the nature of mandamus, commanding the opposite parties to decide the representation dated 25.07.2024, submitted by petitioners, contained as Annexure Nos. 1 & 2 to this writ petition.

3. It has been submitted that although petitioners had applied for the post of Ayurvedic Pharmacist in pursuance of advertisement issued in the year 2000 alongwith other persons but due to litigation, their appointments were delayed and were issued subsequent to 01.04.2005 whereas other persons who had applied in pursuance of the same advertisement had their appointment letters issued prior to the aforesaid cut-off date due to which they are being included in the Old Pension Scheme while excluding petitioners. Arbitrariness and discrimination has, therefore, been alleged.

4. Since consideration of petitioners' grievance would entail factual aspects, liberty is granted to petitioners to file a fresh individual representation before the opposite party no.3 i.e. Director, Ayurvedic Service, U.P. Lucknow or any other competent authority who shall consider and decide the same within a period of eight weeks from the date a certified copy of this order is produced before the said authority.

5. With aforesaid directions, petition stands disposed of.

September 22, 2025Satish

(Manish Mathur,J.)