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2025 DAILYLAW 107564 (ALL)

RAMANAND RAI AND 11 OTHERS v. State of UP AND 3 OTHERS

WRIA/18551/2024 · 2025-01-02

Ajay Bhanot

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:97 Court No. - 5 Case :- WRIT - A No. - 18551 of 2024 Petitioner :- Ramanand Rai And 11 Others Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Shashi Ranjan Srivastava Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J. Heard Shri Shashi Ranjan Srivastava, learned counsel for the petitioners and learned Standing Counsel for the respondents-State. The petitioners were entitled to commutation of pension amount. The commuted amount of pension was released to them at the time of retirement. The commuted amount of pension was recovered from them in monthly installments which were deducted from their pension over the years. According to the petitioners, the entire commuted amount of pension has now been recovered by the State Government and no further recoveries are liable to be made from the pension of the petitioners. However, the aforesaid further deductions are being made without any basis from their pension. Learned Standing Counsel for the respondents-State submits that the issue requires determination of facts by the competent authority as per law in the first instance. However, he contends that their issues regarding deduction of amount towards commutation of pension are liable to be decided by the competent authority in a reasonable time frame. In the wake of the aforesaid submissions, the matter is remitted to the respondent No.2-Director, Pension, Uttar Pradesh, Pension Directorate, Indira Nagar, Lucknow with the following directions: I. The petitioners' shall submit separate representations to the respondent No.2-Director, Pension, Uttar Pradesh, Pension Directorate, Indira Nagar, Lucknow disclosing the amount of commuted pensions released to the respective petitioners' and the amount which has been deducted from their pensions' respectively over the years. II. The respondent No.2-Director, Pension, Uttar Pradesh, Pension Directorate, Indira Nagar, Lucknow shall decide respective representations of the petitioners' by speaking order as per law within a period of one month from the date of receipt of a certified copy of this order along with copies of the representations as directed above. III. In case the respondent No.2-Director, Pension, Uttar Pradesh, Pension Directorate, Indira Nagar, Lucknow finds that the entire amounts have been deducted, no further deduction shall be made from the respective petitioners. With the aforesaid direction, the writ petition is finally disposed of. Order Date :- 2.1.2025 Ashish Tripathi Digitally signed by :- ASHISH NAYAN TRIPATHI High Court of Judicature at Allahabad