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2025 DAILYLAW 159814 (ALL)

DR. VISHNU PRATAP SINGH AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF FINANCE LKO. AND 8 OTHERS

WRIA/9622/2025 · 2025-08-26

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9622 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: "I. Issue a Writ, order or direction in the nature of Certiorari quashing the provision of G.O. No. Saa-3-1587/Das-87-958/80 dated 23.7.1983 read with clarification made vide G.O No.Sa-3- Bha. Sa. - 32 / Das 90-958-90 dated 6.12.1990 issued by Finance (General) Section-3 of State of Uttar Pradesh to the extent it provides that the restoration of full pension of an employee will be done after completion of 15 years from the date of actual commutation and attempts to Supplement the Uttar Pradesh Civil Pension (Commutation) Rules, 1941 to recover the amount Commutation for 15 years contained Annexure No.1 to this Writ Petition after of 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 23.7.1983 read with clarification made vide G.O No.Sa-3- Bha. Sa. -32 / Das 90- 958-90 dated 6.12.1990. III. Issue a Writ, order or direction in the nature of Mandamus Versus Counsel for Petitioner(s) : Dinesh Kumar Shukla Counsel for Respondent(s) : C.S.C. Dr. Vishnu Pratap Singh And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Finance Lko. And 8 Others .....Respondent(s) 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. IV. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to refund the excess amount of commuted pension amount to the petitioners, already recovered from their pension. V. Issue any other suitable Writ, order or direction, in favor of the Petitioner which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. VI. Award costs of the Petition to the Petitioner." 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. 9622 of 2025 2 (Manish Mathur,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench