DINA NATH YADAV AND 2 OTHERS v. UNION OF INDIA, THRU. THE SECY. MINISTRY OF RAILWAYS GOVT. NEW DELHI AND 5 OTHERS
WRIA/9638/2025 · 2025-08-28
Manjive Shukla, Rajan Roy
body2025
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[ 2025 DAILYLAW 160050 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160050 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9638 of 2025 Court No. - 1 HON'BLE RAJAN ROY, J.
HON'BLE MANJIVE SHUKLA, J.
1. Heard. 2. By means of this petition, the petitioners have sought following reliefs:-
"(i) Issue a Writ, order or direction in the nature of Certiorari quashing the provisions stating restoration period as 15 years in Rule 11 A of the Railway Services (Commutation of Pension) Amendment Rules, 2015 as arbitrary and unconstitutional, with a further direction to the Govt. to restore full pension as soon the commuted value is recovered from the petitioner/ pensioner, instead of prolonging recovery up to 15 years. (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 02.09.2008. (iii) 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 Petition before this Hon'ble Court. (iv) 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. Versus Counsel for Petitioner(s) : Pawan Kumar Singh Counsel for Respondent(s) : A.S.G.I. Dina Nath Yadav And 2 Others .....Petitioner(s) Union Of India, Thru. The Secy. Ministry Of Railways Govt. New Delhi And 5 Others .....Respondent(s)
(v) Issue a Writ, order or direction in the nature of Mandamus directing the opposite parties to grant interim benefits of the judgement order dated 20.11.2024 Writ-A 32177 of 2024 "M.D Nazeer & others Versus State of Telangana & others" to the petitioners, which is already annexed as annexure No.06 to this writ petition. (vi) 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. (vii) Award costs of the Petition to the Petitioners."
3. All these reliefs are cognizable before the Central Administrative Tribunal. The petitioners being an employee of the Indian Railways.
Surprisingly enough, they have filed an Original Application before the Tribunal seeking the same reliefs but withdrew it and has now filed this writ petition. The only contention is that the learned Single Judge of this Court has decided a similar writ petition bearing Writ A No.5617 of 2024, therefore, this writ petition has been filed before the High Court albeit before the Division Bench as such, the matter be sent to the learned Single Judge of this Court. 4. We find that the said writ petitions which were decided by the learned Single Judge was a matter pertaining to officers and employees of the Indian Railways which are not to be entertained by the High Court in view of the judgment of Hon'ble the Supreme Court in L. Chandra Kumar vs. The Union of India and Others reported in 1997 (3 SCC, 261) , therefore, it is debatable as to how far the learned Single Judge could have decided the said writ petition pertaining to the officers and employees of the Indian Railways even if there were other petitions before him which pertained to the officers and employees of the State Government. We say no more for reasons of propriety as the said judgment is not under challenge in this writ petition but suffice it to say that we see absolutely no reason to send this matter to the learned Single Judge as has been requested before us. In fact, learned Counsel for the petitioners should not have made such a request. We deprecate this conduct in making such a request. The petition is not maintainable before WRIA No. 9638 of 2025 2
us. The petitioners may file an Original Application before the Central Administrative Tribunal itself. 5. Subject to above, the writ petition is dismissed. August 28, 2025 -Piyush- WRIA No. 9638 of 2025 3 (Manjive Shukla,J.) (Rajan Roy,J.) Digitally signed by :- PIYUSH YADAV High Court of Judicature at Allahabad, Lucknow Bench