RAM HARSH MAURYA JE (MI) AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. ADDL. CHIEF SECY. RURAL ENGINEERING LKO. AND 3 OTHERS
WRIA/9632/2025 · 2025-08-26
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159656 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159656 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9632 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:
"(a) 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. FEET THI-3-1808/44-2008-308-97 dated 08.12.2008 issued by Fmance (General) Section 3 of State of Uttar Pradesh contained in Annexure No.2 and 3 to this Writ Petition after summoning the records. (b) 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. (c) 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 Versus Counsel for Petitioner(s) : Adarsh Kumar Maurya, Anuradha Kushwaha Counsel for Respondent(s) : C.S.C. Ram Harsh Maurya Je (Mi) And Another .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Addl. Chief Secy. Rural Engineering Lko. And 3 Others .....Respondent(s)
Petition before this Hon'ble Court (d) 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. (e) Issue any other suitable Writ, order or direction, in favour of the Petitioner which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (f) 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). August 26, 2025 V. Sinha WRIA No. 9632 of 2025 2 (Manish Mathur,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench