Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 160409 (ALL)

RAM AWATAR RAM AND 2 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. FINANCE DEPTT. LKO. AND 4 OTHERS

WRIA/9712/2025 · 2025-08-28

Manish Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9712 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 provisions stating restoration period of 15 years as provided in impugned Government order dated G.O. FiEE - 3-1587/ a-87-958/80 dated 23.07.1987 read with Clarificatory G.O. dated 06.12.1990 and G.O. Fisal #I-3-1508/ ₫4-2008-308-97 dated 08.12.2008 Issued by Finance Deptt. of State of Uttar Pradesh contained in Annexure No. 3, 4 & 5 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 for restoration of the commuted pension to the petitioners after expiry of 10 years 11 months or at best 11 years, instead of 15 years as provided in the G.O. dated 23.07.1987, 06.12.1990 and 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 of the Petitioners 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 the Versus Counsel for Petitioner(s) : Raj Priya Srivastava Counsel for Respondent(s) : C.S.C. Ram Awatar Ram And 2 Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Finance Deptt. Lko. And 4 Others .....Respondent(s) Opposite Parties to refund the excess amount of money recovered from the pension with regard to the commuted amount relating to the Petitioners v. Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. vi. Allow the petition of the petitioner with cost." 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. 9712 of 2025 2 (Manish Mathur,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench