MARKANDEY RAI AND 4 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. DEPTT. OF FINANCE LKO. AND 4 OTHERS
WRIA/6718/2025 · 2025-07-01
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144408 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144408 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:36961 Court No. - 18 Case :- WRIT - A No. - 6718 of 2025 Petitioner :- Markandey Rai And 4 Others Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Deptt. Of Finance Lko. And 4 Others Counsel for Petitioner :- Pawan Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners, learned State Counsel for opposite parties.
2. Petition has been filed seeking following reliefs:-
"i. 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. ससंख्यय आ-3-1508/दस-2008-308-97 dated 08.12.2008 issued by Finance (General) Section-3 of Sate of Uttar Pradesh. ii. 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 the G.O. dated
08.12.2028. iii. issue a writ, order or direction in the nature of Mandamus directing the opposite parties 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. iv. issue a writ, order or direction in the nature of Mandamus to refund the excess amount of money it recovered from the pension with regard to the commuted amount relating to the petitioners."
3. Learned counsel for parties admit that aforesaid controversy has already been decided by a coordinate Bench of this Court in Writ-A No. 5617 of 2024, Dr. Om Prakash Srivastava and others Vs. State of U.P. and others, by means of judgment and
order dated 28.5.2025, the relevant portion of which is as follows:-
"21.
Having heard learned counsel for the parties and having perused the material available on record it is clear from the records that the Vth Central Pay Commission and IInd National Judicial Pay Commission have recommended that it would be reasonable to restore the commuted portion of pension after 12 years, instead of 15 years and the Punjab National Bank has got its specific provision for restoration of commuted portion of pension after 15 years, whereas there is no specific act or rule or regulation to that effect relating to the employees of the State of U.P. and such exercise of commutation of pension is being undertaken in the light of the Government Order dated 13.7.1987 and also subsequent Government Orders including the Government Order dated 8.12.2008, therefore, keeping in a view the fact that the Additional Chief Secretary, Department of Finance, U.P. has constituted a committee vide Office Memo dated 4.2.2025 for considering and disposing of the grievance of the petitioners of the bunch of writ petitions who are aggrieved from the action / inaction on the part of the concerning authorities restoring the commuted portion of pension after 15 years instead of 10 years 11 months or 11 years or at the most 12 years, I am not entering into the merits of the issue at this stage, rather I am disposing of the bunch of writ petitions finally at the admission stage, without interfering the impugned government orders giving liberty to the petitioners of the present bunch of writ petitions to approach such committee either personally or through the office bearers of their Association, if any, preferring their representation taking all pleas and grounds which are available to them enclosing therewith the copies of the relevant documents which are necessary for the disposal of such representation within a period of one month and if such representation is preferred to the aforesaid committee, the issue regarding the restoration period needs to be examined de novo by said committee strictly in accordance with law by a speaking and reasoned order by affording an opportunity of hearing to the petitioners with expedition preferably within a period of three months from the date of production of such representation along with certified copy of the order of this Court and decision thereof shall be intimated to the persons who have preferred such representation with expedition.
22. It is expected from the aforesaid committee that proper help, aid or advise from expert agency/institution may be taken in terms of para 2 of the office memo dated 4.2.2025 so that the grivance of the petitioners could be redressed properly. 23. Till the appropriate decision is taken on the aforesaid representations of the petitioners or their associations, if any, no recovery shall be executed from the petitioners of the bunch of this writ petition. 24. It is needless to say that if the petitioners feel themselves aggrieved from the order being passed by the aforesaid committee on their representation, they may approach the competent court of law for redressal of their grievances, if any. 25. Accordingly, the bunch of all the writ petitions are being disposed of finally in view of the aforesaid terms."
4. In view of aforesaid, the issue being similar, the present petition is also disposed of in the same terms.
Order Date :- 1.7.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench