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Neutral Citation No. - 2025:AHC:90330-DB Court No. - 29 Case :- WRIT - A No. - 2310 of 2024 Petitioner :- Ishwar Chandra Sharma Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Dr. Rajesh Kumar Srivastav Counsel for Respondent :- Ashish Mishra,C.S.C. Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J.
1. Following prayers are made in the writ petition :
"i. to pass the interim order in the nature of the certiorari and to stay the effects and operation of the impugned part of the Govt. Order No. Sa.-3- 1251/Das-2012-308/97 TC issued by the office of the Finance (Samanay) Section-3 Lucknow dated 21.12.2012 during the pendency of the instant writ petition before this Hon'ble Court. ii. to pass the interim mandamus and to commanding the respondent No.2 to re consider and revised the pension in the pay scale of Rs.7,500- 12,000/- (in present applicable and changes in Rs.15,600 -39,100) instead of Rs.6,500-10,500/- as well s revised the grade pay from Rs.5,400/- instead of Rs.4,600/-) instead of Rs.6,500 -10,500/- according to Govt. Order No. Sa.-3-1358/Das - 2010, Pay Commission -2-365/Das - 2010 -59(M)/2008 dated 25.03.2010 issued by the Finance (Pay Commission) Section -2 U.P. Govt. Lucknow as well as according to the Govt. Order No. office letter No.3 - 1358/Das-2010 Lucknow dated 19.7.2010 and to give the benefit of the balance amount of revised pension with interest to the applicant-petitioner."
2. The petitioner is a pensioner who retired on 31.1.2005. His grievance was in respect of a Government Order dated 21.12.2012. However, when the matter is taken up, learned counsel for the petitioner states that the petitioner does not intent to press prayer Clause i of the writ petition. 3. It is submitted that subsequent in point of time, a Government Order dated 18.7.2017 is issued by the State laying down the criteria for fixation of pension, after the introduction of of 7th Pay Commission Report with effect from 1.1.2016. It is submitted that the petitioner's claim has not been correctly examined with reference to such Government Order. 4.
Learned State Counsel as well as Shri Chandan Sharma, learned counsel for the
Court states that if the petitioner approaches the State Government by making a comprehensive representation relying upon the provisions contained in Government Order dated 18.7.2017, his claim with regard to re-fixation of pension, consequent upon the introduction of 7th Pay Commission Report, would be got examined. 5. In that view of the matter, this writ petition is disposed of with a observation that if the petitioner approaches respondent No.3 along with a copy of this order annexing his comprehensive representation as well as the Government Order dated 18.7.2017, the petitioner's claim shall be accorded consideration by passing appropriate order within a period of three months from the date of presentation of a copy of this order. Order Date :- 27.5.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad