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2025 DAILYLAW 160087 (ALL)

RAJENDRA PAL SINGH @ RAJENDRA SINGH AND 6 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF FINANCE LKO. AND 2 OTHERS

WRIA/9640/2025 · 2025-08-26

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9640 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) Issua 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- Sa -3-1508/10-2008-308-97 dated 8-12-2008 issued by finance (General) Section-3 of State of Uttar Pradesh contained as annexure no-2 & 3 to this writ petition. (II) Issue a writ, order or direction in the nature of Mandamus commanding directing the opposite parties 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 8-12-2008. (III) Issue a writ, order or direction in the nature of Mandamus commanding/directing the opposite parties to refund the excess amount of money recovered from the pension with regard to the commuted amount relating to the petitioners. (IV) Issue any other order or direction deemed just and proper in the circumstances of the case. Versus Counsel for Petitioner(s) : Subhas Chandra Pandey Counsel for Respondent(s) : C.S.C. Rajendra Pal Singh @ Rajendra Singh And 6 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Finance Lko. And 2 Others .....Respondent(s) 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. 9640 of 2025 2 (Manish Mathur,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench