MOOL CHANDRA v. STATE OF U.P. THRU. PRIN. SECY. STATE TAX DEPTT. LKO. AND 5 OTHERS
WRIA/11524/2025 · 2025-10-08
Manish Mathur
body2025
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[ 2025 DAILYLAW 199808 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 199808 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 11524 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioner, learned State Counsel appearing on behalf of the opposite parties 1 to 5 and Mr. Anurag Srivastava, learned counsel for opposite party no.6. 2. Present petition under Article 226 of Constitution of India has been filed challenging order dated 25.07.2025 whereby pension payment has been declined to petitioner on ground that he has not completed necessary formalities particularly with regard to uploading of his wife's photographs. 3. Learned counsel for petitioner submits that petitioner and his wife have been separated for the past 33 years and a divorce case is already pending between the parties due to which there is no occasion for petitioner to upload photographs of his spouse. 4. Learned counsel for opposite parties have refuted the submissions advanced by learned counsel for petitioner with submission that so long as divorce decree is not granted, formalities as required are to be completed by petitioner whereafter only pension papers can be processed. 5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident and admitted that a case for divorce between the parties is pending consideration without any such decree having been granted as on date. In such circumstances, it would be incumbent upon petitioner to complete all the formalities including uploading of his wife's photographs on website of the Department. In case divorce decree is granted and becomes final, information with regard to same shall be provided by petitioner to the Department for further action. Versus Counsel for Petitioner(s) : Ramesh Chandra Gupta Counsel for Respondent(s) : C.S.C., Anurag Srivastava Mool Chandra .....Petitioner(s) State Of U.P. Thru. Prin. Secy. State Tax Deptt. Lko. And 5 Others .....Respondent(s)
6. Considering such facts, petitioner is granted two weeks' time to complete all the formalities as indicated in the impugned order dated
25.07.2025. In case all such objections are removed by petitioner within aforesaid time period, opposite party no.4 i.e. Assistant Commissioner [A], State Tax, Sitapur or any other competent authority is directed to process the pension papers of petitioner expeditiously within a period of four weeks thereafter. 7. With aforesaid direction, the petition stands finally disposed of.
October 8, 2025 kvg/- WRIA No. 11524 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench