Disposed¶18

Brijesh Kumar v. State of Uttarakhand

Uttarakhand HC6 Apr 2026WPSB/139/2025

Case brief

AI extract

What is this about?

Brijesh Kumar v. State of Uttarakhand & another; WRIT PETITION (S/B) NO. 139 OF 2025; High Court of Uttarakhand at Nainital; decided 06.04.2026; bench: Chief Justice Manoj Kumar Gupta (author) and Justice Subhash Upadhyay. Provisional pension sanctioned (Office Memo 13.02.2025) due to stated CBI inquiry; respondents subsequently approved final pension (Office Order 04.04.2026) with no pending inquiry or charge-sheet; writ petition disposed of with direction to forthwith release final pension; retiral/pensionary benefits.

What did the court decide?

Forthwith release of final pension as per the Office Order dated 04.04.2026 ¶18

Brijesh Kumar Vs State of Uttarakhand — Uttarakhand HC (2026) — LawSathi Research

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2026:UHC:2404-DB

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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HON’BLE THE CHIEF JUSTICE SRI MANOJ KUMAR GUPTA AND HON’BLE SRI JUSTICE SUBHASH UPADHYAY

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WRIT PETITION (S/B) NO. 139 OF 2025

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6^TH APRIL, 2026

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Brijesh Kumar …… Petitioner

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Versus

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State of Uttarakhand & another …… Respondents

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Counsel for the petitioner : Mr. Kishore Rai, learned counsel Counsel for the respondents : Mr. Yogesh Chandra Tiwari, learned Standing Counsel for the State

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The Court made the following:

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JUDGMENT: (per Sri Manoj Kumar Gupta, C.J.)

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The petitioner retired from the post of Joint Director, Horticulture department on 31.01.2025. By Office Memo dated 13.02.2025, impugned herein, the respondents sanctioned provisional pension as a CBI inquiry is stated to be in progress against the petitioner.

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A Co-ordinate Bench vide order dated 23.02.2026, directed the respondents to release the entire retiral dues and

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2026:UHC:2404-DB

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pensionary benefits in favour of the petitioner or, in case, the department has any objection, to show-cause by way of filing a short counter-affidavit.

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In pursuance of the said order written instructions have been furnished to the Chief Standing Counsel by the Joint Secretary, Uttarakhand Government. Along with it an Office Order dated 04.04.2026 has been annexed, which indicates that the respondents have approved final pension. The order also records that at present no inquiry is pending against the petitioner, nor any charge-sheet has been submitted against him. In the written instructions also the same stand has been taken.

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In view of the above, the writ petition is disposed of directing the respondents to forthwith release final pension as per the Office Order dated 04.04.2026.

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Pending application(s), if any, also stand disposed of.

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_______________________ MANOJ KUMAR GUPTA, C.J.

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_________________ SUBHASH UPADHYAY, J.

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Dt: 6^TH APRIL, 2026 Negi

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Digitally signed by HIMANSHU NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, HIMANS 2.5.4.20=bb3b60774012c1ef1dae20d13 aaf116e73351fdaf6878326386908a7f90 d5757, postalCode=263001, st=UTTARAKHAND, serialNumber=75BD9D0FB7F4A80990FC HU NEGI 51A722A6BC552D470EB4FD2F88DDF7C 18DB2A1524A4D, cn=HIMANSHU NEGI Date: 2026.04.06 17:44:57 +05'30'

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Brijesh Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

Brijesh Kumar v. State of Uttarakhand

Case brief

What is this about?

What did the court decide?

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What the court decided

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