RAGHUNATH VERMA v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT.OF FINANCE LKO. AND 5 OTHERS
WRIA/9611/2025 · 2025-08-26
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158936 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158936 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9611 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioners and learned State Counsel for the opposite parties. 2. Petition has been filed with the following prayer:
"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. 7241 71-3- 1508/44-2008-308-97 dated 08.12.2008 issued by Finance (General) Section-3 of State of Uttar Pradesh contained in Annexure No. 3 to this Writ Petition after summoning the records. 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 yearsinstead of 15 years as provided in the G.O. dated 08.12.2008. Ill. Issue a Writ, order or direction in the nature of Mandamus directing the Opp. 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 before this Hon'ble Court. IV. Issue a Writ, order or direction in the nature of Mandamus directing the Opp. Parties to refund the excess amount of money recovered from the pension with regards to the commuted amount relating to the petitioners. V. Issue any other suitable Writ, order or direction, in favour of the Versus Counsel for Petitioner(s) : Manoj Kumar Mishra, Rahul Kant Mishra, Sudhanshu Pandey Counsel for Respondent(s) : C.S.C. Raghunath Verma .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt.Of Finance Lko. And 5 Others .....Respondent(s)
Petitioner which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. VI. Award costs of the petition to the petitioners."
3. Learned counsel for the parties admit that the case of the petitioners is squarely covered by judgment of this Court in WRIT - A No. - 5617 of 2024 (Dr. Om Prakash Srivastava And Others v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Finance Lko 3 Others) and other connected matters decided on 28.05.2025. 4.
Considering aforesaid, the writ petition is disposed of finally providing that petitioner of this writ petition shall also be entitled to benefit of judgment rendered in WRIT - A No. - 5617 of 2024 (Dr. Om Prakash Srivastava And Others v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Finance Lko 3 Others). (Manish Mathur,J.) August 26, 2025 V. Sinha WRIA No. 9611 of 2025 2
Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench