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2025 DAILYLAW 112118 (ALL)

PARSURAM v. THE STATE OF U.P. AND 2 OTHERS

WRIA/20326/2024 · 2025-01-31

Neeraj Tiwari

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14243 Court No. - 6 Case :- WRIT - A No. - 20326 of 2024 Petitioner :- Parsuram Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- C.S.C. Hon'ble Neeraj Tiwari,J. 1. Heard learned counsel for the petitioner and learned standing counsel for State- respondents. 2. Case was heard on 6.1.2025 and Court has passed following order; "Petitioner is aggrieved for the act of respondent in withholding his pension and further directing for recovery without following the due process of law. Learned Standing Counsel to obtain instructions in the matter as to whether any sanction was obtained in the matter as required under Regulation 351-A of the Civil Service Regulations before passing the impugned order dated 23.11.2024. Let the matter be connected and listed along with Writ A No. 20310 of 2024 on the date fixed in the said case. It is made clear that in the event instructions are not obtained by the next date, the Court will consider interim relief application. " 3. Earlier, learned standing counsel has produced instruction dated 19.1.2025 before this Court. As per instruction, no sanction was obtained under Regulation 351-A of the Civil Service Regulations before passing the impugned order and based upon that, Court has stayed the impugned order. Now, it is undisputed between the parties that sanction under Regulation 351-A of the Civil Service Regulations has not been obtained. Therefore, no useful purpose would be served to keep the matter pending. 4. Under such facts of the case, writ petition is allowed. Impugned order dated 23.11.2024 is hereby quashed. 5. However, liberty is given to respondent no. 3 to pass fresh order in accordance with law. 6. No order as to costs. Order Date :- 31.1.2025 Arvind Digitally signed by :- ARVIND KUMAR GUPTA High Court of Judicature at Allahabad