KAMALA YADAV AND 4 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF FINANCE LKO. AND 5 OTHERS
WRIA/9477/2025 · 2025-08-25
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159242 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159242 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9477 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 seeking following prayers:-
"(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 Government Order No.संख्या आ-3- 1508/दस-2008-308-97, dated 08.12.2008 issued by the Finance (General) Section-3 of State of Uttar Pradesh contained in Annexure No.2 and 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 years instead of 15 years as provided in the G.O. dated 08.12.2008. (iii) 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 to refund the excess amount of money it recovered from the pension with regard to the commuted amount Versus Counsel for Petitioner(s) : Shaquiel Ahmad, Ashwani Singh Counsel for Respondent(s) : C.S.C. Kamala Yadav And 4 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Finance Lko. And 5 Others .....Respondent(s)
relating to the Petitioners. (v) Issue a Writ, order or direction in the nature of Mandamus directing the opposite parties to grant benefits of the judgement order dated 28.05.2025 Writ-A 5667 of 2024
"Dr Om Prakash Srivastava & others Versus State of U.P. & others". Which is similarly situated to the petitioners & direct the opposite parties to grant the benefits of order dated 28.05.2025 Writ-A 5667 of 2024 "Dr Om Prakash Srivastava & others Versus State of U.P. & others" to the petitioners, which is already annexed as annexure No.06 to this writ petition......"
3. Learned counsel for the parties admit that the case of the petitioners are 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 petitioners 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). August 25, 2025 Satish WRIA No. 9477 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench