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2025 DAILYLAW 165955 (ALL)

NAN MOON @ NAN MOON TIWARI v. UNION OF INDIA THRU. SECY. MINISTRY OF DEFENCE NEW DELHI AND 3 OTHERS

WRIA/11228/2025 · 2025-09-22

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11228 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for the petitioner and Mr. S.B. Pandey, learned Deputy Solicitor General of India assisted by Mr. Varun Pandey, learned counsel for the opposite parties. 2. Petition has been filed seeking following prayers:- (I) Issue a writ order or direction in the nature Mandamus commanding the opposite parties restraining thereby from the deducting the amount from monthly pension of the petitioner for a period of one eighty months (15 years) whereas the computation amount paid at the time of retirement and the interest thereon is fully recovered in a period of 131 months (10 years and 11 months) or "best 11 years". (II) Issue a writ order or direction in the nature Mandamus commanding the opposite parties to refund the amount along with interest which has already been deducted after completion of deduction of 131 months (10 years and 11 months) or "best 11 years". (III) Issue a writ order or direction in the nature Mandamus commanding the opposite parties to provide the pairity of the judgment and order dated 28/05/2025 passed in Writ A No. 5617 of 2024, Dr. Om Prakash Sivastava and Ors. Versus State of U.P. and Ors. 3. At the very outset, learned counsel for the opposite parties has raised a preliminary objection regarding entertainability of this petition in view of the fact that the petitioner has an alternative and equally efficacious remedy of approaching the Arms Forces Tribunal particularly since the Arms Forces Tribunal is constitutional authority. 4. However in view of the fact that petitioner's case is squarely covered by Versus Counsel for Petitioner(s) : Ram Vishal Tripathi, Nripendra Tripathi Counsel for Respondent(s) : A.S.G.I. Nan Moon @ Nan Moon Tiwari .....Petitioner(s) Union Of India Thru. Secy. Ministry Of Defence New Delhi And 3 Others .....Respondent(s) judgment rendered by this court in the case of Dr. Om Prakash Srivastava (supra) has gone and aspect which is required to be considered by competent authority, the preliminary objection is hereby rejected. 5. Learned counsel for the parties admit that the case of the petitioner(s) 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. 6. Considering aforesaid, the writ petition is disposed of finally providing that petitioner(s) 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 22, 2025 prabhat WRIA No. 11228 of 2025 2 (Manish Mathur,J.) Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench