Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14625 of 2025
Court No. - 4 HON'BLE AJIT KUMAR, J. Heard learned counsel for the parties and perused the records. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned recovery of the commutation amount given to the petitioner, by means of installments from pension. It is argued by learned counsel for the petitioners that since amount paid as commutation has already stood recovered, further recovery from the pension of petitioner is bad even though rules provide for deductions for a period of 15 years. Learned Standing Counsel submits that the controversy is no more res integra in the light of judgment of Division Bench of this Court in the case of Ashok Kumar Agarwal and others v. Union of India and another passed in Writ - A No.- 17819 of 2024 decided on 15th January, 2025 which has also been followed by a coordinate Bench of this Court in the case of Radheshyam Shukla and others v. State of U.P. and others along with bunch matters passed in Writ - A No.- 19031 of 2024 decided on 6th March, 2025.
Learned counsel for the petitioner could not dispute the above facts, nor could take any plea that above judgments are distinguishable on law or on
facts. Learned counsel for the petitioner also could not place any
judgment of Supreme Court to hold that judgments relied upon by learned Standing Counsel are not binding judicial precedents. In view of the above, no indulgence can be granted by this Court in such matter. Versus Counsel for Petitioner(s) : Ujjawal Satsangi Counsel for Respondent(s) : C.S.C. Dr. Bharat Tiwari .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
Thus petition is dismissed in the light of the law laid down in aforesaid quoted authorities of this Court. September 25, 2025 Atmesh WRIA No. 14625 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad