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2025 DAILYLAW 159655 (ALL)

REWATI RAMAN KAMLA AND 11 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. FINANCE DEPTT. LKO. AND 4 OTHERS

WRIA/9562/2025 · 2025-08-26

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9562 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 reliefs:- "(I) Issue a writ, order or direction in the nature of certiorari thereby quashing the provisions of restoration period as 15 years as provided in Government order dated 23.07.1987 and Government order dated 06.12.1990, contained in Annexure No.1 & 2 to this writ petition, in the interest of justice. (II) Issue a writ, order or direction in the nature of certiorari thereby quashing the provisions of restoration period as 15 years for the recovery of amount of commuted pension as amended and modified by subsequent Government order issued by State Government after summoning the complete record, in the interest of justice. (III) Issue a writ, order or direction in the nature of mandamus directing 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 Government order dated 23.07.1987 and Government order dated 06.12.1990 amended and modified by subsequent Government order issued by State Government, with all consequential benefits, in the interest of justice. (IV) To 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 before this Hon'ble Court." 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 Versus Counsel for Petitioner(s) : Amit Srivastava Counsel for Respondent(s) : C.S.C. Rewati Raman Kamla And 11 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Finance Deptt. Lko. And 4 Others .....Respondent(s) (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 26, 2025 Satish WRIA No. 9562 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench