ALKA YADAV v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. FINANCE GOVT. OF U.P. LKO. U.P. AND 3 OTHERS
WRIA/9720/2025 · 2025-08-28
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 160171 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 160171 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9720 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 to quashing the Government Order dated 23.07.1987, 06.12.1990 and 23.12.2016 issued by Finance department of State of Uttar Pradesh in respect of restoration of commuted amount of pension in 15 years as contained in Annexure No. 1 & 2 and 3 to this Writ Petition. II. Issue a Writ, order or direction in the nature of Mandamus for restoration of the commuted pension after expiry of 10 years instead of 15 years as provided in the G.O. dated 23.07.1987, 06.12.1990 and 23.12.2016 as contained in Annexure No. 1 & 2 and 3 to this Writ Petition. Ill. 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 during the pendency of this Writ Petition before this Hon'ble Court. IV. Issue a writ order or direction in the nature of Mandamus commanding the opposite parties to refund the access amount recovered from the pension in lieu of commuted amount of the petitioners with interest at market rate. Versus Counsel for Petitioner(s) : Shiv Sinha Counsel for Respondent(s) : C.S.C. Alka Yadav .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Finance Govt. Of U.P. Lko. U.P. And 3 Others .....Respondent(s)
V. Any other writ, order or direction as the Hon'ble Court may deem fit and proper and to award the cost 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 28, 2025 V. Sinha WRIA No. 9720 of 2025 2 (Manish Mathur,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench