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2025 DAILYLAW 109880 (ALL)

RADHEY SHYAM RAI v. State of UP AND 2 OTHERS

WRIA/19233/2024 · 2025-02-18

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:24089 Court No. - 6 Case :- WRIT - A No. - 19233 of 2024 Petitioner :- Radhey Shyam Rai Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Dinesh Rai Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for petitioners and learned Standing Counsel for State-respondents. 2. Present petition has been filed seeking following relief:- "a) issue a writ, order or direction in the nature of certiorari quashing the provisions stating restoration period as 15 years in the Uttar Pradesh Civil Pension (commutation) Rules, 1941 as amended by G.O. No.Sa3-1508/10-2008-308-97 dated 0812.2008 issued by Finance (General) Section 3 of the State of Uttar Pradesh. b). Issue a writ, order or direction in the nature of mandamus for restoration period of commuted pension after expiry of 10 years 11 months or at best 11 years instead of 15 years as provided in the G.O. dated 08.12.2008. c). Issue a writ, order or direction in the nature of mandamus directing the respondents not to deduct the amount of commuted portion of pension from the monthly pension after the expiration of 10 years 11 months or at best 11 years during the pendency of this writ petition before this Hon'ble Court. d) issue a writ issue, a writ, order or direction in the nature of Mandamus commanding and directing the respondents to refund the excess amount of money it recovered from the pension with regard to the commuted amount relating to the petitioner." 3. Learned Standing Counsel submitted that present controversy has already been decided by Division Bench of this Court vide order dated 15.01.2025 passed in Writ-A No. 17819 of 2024 (Ashok Kumar Agarwal and 48 Others v. Union Of India and another); Neutral Citation No.- 2025:AHC:6439-DB, therefore, this petition may also be dismissed on same terms. 4. Learned counsel for petitioners could not dispute the aforesaid submissions made by learned Standing Counsel. 5. Accordingly, writ petition is dismissed in terms of order dated 15.01.2025 passed in Writ-A No. 17819 of 2024. 6. No order as to costs. Order Date :- 19.2.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad