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2025 DAILYLAW 111321 (ALL)

DR. SALEEM AHMAD AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

WRIA/19912/2024 · 2025-02-26

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:27222 Court No. - 6 Case :- WRIT - A No. - 19912 of 2024 Petitioner :- Dr. Saleem Ahmad And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ashok Kumar Dwivedi 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 ofcertiorari quashing the provisions stating restoration period as 15 years in the Uttar Pradesh Civil Pension (Commutation) Rules, 1941 as amended by G.O. No.Sa-3-1508/das-2008-308-97 dated 08.12.2008 issued by Finance (General) Section 03 of State of Uttar Pradesh contained in Annexure no.2 and 3 to the writ petition after summoning the records. b) issue a writ, order or direction in the nature of mandamus directing the respondent to restore the 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 commanding and directing the respondents not to deduct any amount of commuted portion of pension from the monthly pension after the expiration of 10 years 11 months or at best 11 years. d). issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to refund the excess amount of pension illegally recovered from the petitioner towards '' installment of commuted pension" along with reasonable interest which this Hon'ble Court may deem fit and proper." 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 :- 27.2.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad