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2025 DAILYLAW 30131 (ALL)

SURESH RAI v. STATE OF U.P. AND 4 OTHERS

WRIA/3401/2025 · 2025-05-15

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81094 Court No. - 7 Case :- WRIT - A No. - 3401 of 2025 Petitioner :- Suresh Rai Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Chandra Kumar Rai Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer: "I. issue a writ, order or direction in the nature of certiorari quashing the provisions stating restoration period as 15 years in Uttar Pradesh Civil Pension (Commutation) 1941 as amended by G.O. No. ससखयय सय -3-1508/दस-2008-308-97 dated 08.12.2008 issued by Finance (General) Section-3 of State of Uttar Pradesh contained in annexure nos.2 and 3 to this writ petition after summoning the records. II. issue a writ, order or direction in the nature of mandamus, for restoration of the commuted pension after expiry of 10 years 11 months or at best 11 years instead of 15 years as provided in the G.O. dated 08.12.2008. III. issue a writ, order or direction in the nature of mandamus directing the Respondents not to deduct the amount of commuted portion of pension from the monthly pension 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 refund the excess amount of money it recovered from the pension with regard to the commuted amount relating to the pensioners." 3. It is submitted by learned Standing counsel that the controversy has already been decided by judgment dated 1.4.2025 passed in Writ-A No.12596 of 2024 (Sudhir Kumar Agarwal Vs. Union of India and others) and the present writ petition is covered by the law laid down by this Court in the aforesaid judgment. 4. Learned counsel for petitioner does not dispute the aforesaid fact. 5. In view of aforesaid, the writ petition is disposed of in terms of judgment dated 1.4.2025 passed in Writ-A No.12596 of 2024 (Sudhir Kumar Agarwal Vs. Union of India and others). Order Date :- 16.5.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad