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2025 DAILYLAW 110457 (ALL)

GANESH PRASAD UPADHYAY v. STATE OF U.P. AND 3 OTHERS

WRIA/19943/2024 · 2025-02-26

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27425 Court No. - 6 Case :- WRIT - A No. - 19943 of 2024 Petitioner :- Ganesh Prasad Upadhyay Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amresh Chandra Upadhyay Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for petitioner and learned Additional Chief Standing Counsel for State-respondents. 2. Present petition has been filed seeking following reliefs:- "(a) Issue, a writ, order or direction in the nature of certiorari to quash the provision of restoration period of 15 years as amended by G.O. No.3- 1508/2008-308-97 dated 08.12.2008 issued by Finance Department of State of Uttar Pradesh. (b) Issue a writ, order or direction in the nature of Mandamus for restoration of the commuted pension after expiry of 10 years, 11 months or at best 11 years instead of 15 years as provided in 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 of the petitioner after the expiration of 10 years, 11 months or at bet 11 years during the pendency of this writ petition before this Court. (d) Issue a writ, order or direction in the nature of mandamus to the respondents to refund the excess amount of money recovered from the pension with regard to the commuted amount relating to the petitioner." 3. Learned Additional Chief 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 Additional Chief 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 :- 27.2.2025/AKT Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad