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2025 DAILYLAW 161586 (ALL)

MOHAMMAD SHAFIQUE KHAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. FINANCE LKO. AND 4 OTHERS

WRIA/10023/2025 · 2025-09-02

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10023 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel for the opposite parties. 2. Petition has been filed seeking following reliefs:- "A) Issue a Writ, order or direction in the nature of Certiorari quashing the provision stating restoration period as 15 years in Uttar Pradesh Civil Pension (Commutation) Rules, 1941 and G.O. dated 08/12/2008 issued by finance department of State of Uttar Pradesh contained as Annexure-2 and 3 of the Writ Petition. B) Issue a Writ, order or direction in the nature of Mandamus commanding opposite parties not to deduct the amount of commuted portion of pension from the monthly pension of the Petitioner after the expiration of 10 years 11 months or best 11 years during the pendency of Writ Petition. C) Issue a Writ, order or direction in the nature of Mandamus for full restoration of commuted pension after expiry of 10 years 11 month or best 11 years instead of 15 years as provided in the G. O. dated 08/12/2008. D) Issue a Writ, order or direction in the nature of Mandamus to Respondents to refund the excess amount of money recovered from the pension with regard to the commuted amount relating to the Petitioner." 3. Learned counsel for the parties admit that the case of the petitioner 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 Versus Counsel for Petitioner(s) : Iqbal Ahmed Ahmedullah, Paritosh Shukla Counsel for Respondent(s) : C.S.C. Mohammad Shafique Khan .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Finance Lko. And 4 Others .....Respondent(s) 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). September 2, 2025 Satish WRIA No. 10023 of 2025 2 (Manish Mathur,J.) Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench