Neutral Citation No. - 2025:AHC:53640 Court No. - 6 Case :- WRIT - A No. - 17932 of 2024 Petitioner :- Bhagvan Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Amit Goel Counsel for Respondent :- Bhanu Pratap Singh Kachhawah,C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Amit Goel, learned counsel for petitioner, Sri Bhanu Pratap Singh Kachhawah, learned counsel for B.S.A. and Sri Ashish Kumar Singh Nagvanshi, learned A.C.S.C. for State. 2. This Court has passed following order on 08.04.2025 :- "1. This Court has passed following order on 05.03.2025 :- "1. Following orders were passed on 22.01.2025 and 06.02.2025:- 22.01.2025 "1. Pursuant to the orders passed by this Court dated 18.11.2024; 10.12.2024, a counter affidavit has been filed on behalf of respondent no.4. It is stated in paragraph no.6 of the aforesaid affidavit that the respondent no.5 namely Finance and Accounts Officer, Basic Education, District Etah has already forwarded relevant papers and documents for the payment of pension of the petitioner to respondent no.3 Additional Director, Treasury and Pension, Agra region Agra provided letter dated 04.12.2024. 2. A copy of which is appended as annexure no.2 to the short counter affidavit. Nothing has been brought on record by the learned counsel for the respondents regarding the outcome of the aforesaid letter. 3. In this view of the matter, learned Standing Counsel appearing on behalf of respondent nos. 1, 3 & 6 is directed to place before this court the decision taken by the respondent no.3 pursuant to the letter dated 04.12.2024 on or before the next date fixed in the matter. 4. Put up this matter as fresh on 06.02.2024". 06.02.2025 "1. Pursuant to the order passed by this Court dated 22.01.2025, instructions under the signature of Additional Director, Treasury and Pension, Agra Region, Agra dated 04.02.2025 is placed before this Court, the same is taken on record. 2. On the basis of aforesaid instructions it is argued that the matter is pending consideration and the concerned authority will decide the same expeditiously. 3. In this view of the matter the hearing of the present petition is adjourned till 5th March, 2025. 4. Put up this case as fresh on 5th March, 2025. 5. On the said date the counsel for the respondent will place before this Court the decision taken in the matter". 2. Pursuant to the aforesaid orders, when the matter has been taken up today, it is informed by learned Standing Counsel that though aforesaid orders were duly communicated by his office to the respondent no.3- Additional Director, Treasury and Pension, Agra Region, Agra on 07.02.2025 but till date no instructions were provided. 3. In this view of the matter and also in the interest of justice, this Court has left no option but to direct the respondent no.3-Additional Director, Treasury and Pension, Agra Region, Agra to appear before this Court and file original record on the next date fixed in the matter. 4. Put up as fresh on 11.03.2025. 5. Sri Shashi Prakash, learned Standing Counsel will informed about this order to respondent no.3-Additional Director, Treasury and Pension, Agra Region, Agra within 24 hours. " 2. Sri Ashish Kumar Singh Nagvanshi, learned A.C.S.C. for State submits that this order was communicated to respondent no.3-Additional Director, Treasury and Pension, Agra Region, Agra by a communication dated 17.03.2025, however, today, the said Officer is not present in Court as well as he has not given any instruction. 3. In the aforesaid circumstances, a bailable warrant is issued against the said Officer i.e. respondent no.3-Additional Director, Treasury and Pension, Agra Region, Agra for his appearance before this Court on 11.04.2025 at 11.00 a.m. 4. Registrar (Compliance) is directed to communicate this order forthwith to C.J.M., Agra for execution of this order. " 3. In pursuance of above order, Sri Mahima Chandra, Additional Director, Treasury and Pension, Agra Region, Agra is present. He submits that matter is now seized with B.S.A., since on a query, the papers were returned to Finance and Account Officer, Basic Education, District- Etah with an inquiry whether petitioner is entitled for old pension or new pension and thereafter no communication is received at his office. 4. Learned counsel for B.S.A. when confronted with such averment on basis of record, on basis of recent instruction he submits that now on basis of a report of respondent, concerned B.S.A. has passed an order dated 08.04.2025, that petitioner is entitled for New Pension Scheme and a copy is marked to petitioner also. 5. Learned counsel for petitioner on basis of his instruction submits that petitioner has not received any such communication. 6. In the aforesaid circumstances, the Court takes an exception against respondent No. 4 i.e. B.S.A.-Etah as he was not diligent to discharge his duties properly as well as he has not properly communicated his Advocate about the correct facts of this case, which has resulted in summoning respondent No.3, though not required. 7. Accordingly, this writ petition is disposed of reserving an opportunity to petitioner, that if he is still aggrieved with above order, to take legal remedy available, in accordance with law. Order Date :- 11.4.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad