GYAN SINGH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. FINANCE GOVT. LKO. AND 3 OTHERS
WRIA/9493/2025 · 2025-08-25
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159660 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159660 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9493 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 of 15 years in the Uttar Pradesh Civil Pension (Commutation) Rules, 1941 as amended by G.O. No. संख्या सा-3-1508/दस-2008-308- 97 dated 08.12.2008 and G.O. dated 23.07.1987 issued by Finance (General) Section 3 of State of Uttar Pradesh contained in Annexure No.3, 4 and 5 respectively to this Writ Petition after summoning the records, in the interest of justice. ii. 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 the G.O. dated 08.12.2008. iii. 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. iv. Issue a Writ, order or direction in the nature of mandamus directing to the Opposite Parties to refund the excess amount of money recovered from the pension with regard to the commuted amount relating to the Petitioner........" Versus Counsel for Petitioner(s) : Sulabh Kr. Srivastava Counsel for Respondent(s) : C.S.C. Gyan Singh And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Finance Govt. Lko. And 3 Others .....Respondent(s)
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 petitionerr 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. 9493 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench