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2025 DAILYLAW 159500 (ALL)

PRAWAL PRATAP SINGH YADAV ANDN 6 OTHERS v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. FINANCE LKO. AND 11 OTHERS

WRIA/9486/2025 · 2025-08-25

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9486 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel for the opposite parties. 2. Petition has been filed seeking following prayers:- "(i) to issue a writ, order or direction in the nature of certiorari quashing the provisions of restoration period as 15 years as provided in Government Order संख्या- सा-3-1587/दस-87-958/80 dated 23.07.1987 read with clarification Government Order संख्या सा०-3-भा०-सा-32/दस-92-958-80 dated 06.12.1990 issued by Finance (General) Section-3 of State Government of Uttar Pradesh as contained in Annexure Nos. 1 & 2 respectively to the writ petition. (ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties 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 Government Orders dated 23.07.1987 & 06.12.1990. (iii) to issue a writ order or direction in the nature of mandamus directing and commanding the opposite parties not to deduct the amount of commuted portion of pension from the monthly pension of the petitioners beyond 10 years 11 months or at best 11 years during the pendency of this writ petition before this Hon'ble Court. (iv) to issue a writ order or direction in the nature of mandamus commanding the Versus Counsel for Petitioner(s) : Kaushlendra Yadav Counsel for Respondent(s) : C.S.C. Prawal Pratap Singh Yadav Andn 6 Others .....Petitioner(s) State Of U.P. Thru. Its Addl. Chief Secy. Finance Lko. And 11 Others .....Respondent(s) opposite parties to refund the excess amount of money it recovered from the pension with regard to the commuted amount relating to the petitioners with interest at market rate......." 3. Learned counsel for the parties admit that the case of the petitioner 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). August 25, 2025 Satish WRIA No. 9486 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench