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Neutral Citation No. - 2025:AHC:5571 Court No. - 10 Case :- WRIT - A No. - 46354 of 2016 Petitioner :- Pujan Pal Respondent :- State Of U.P. And 3 Ors. Counsel for Petitioner :- Apurva Hajela,Shiva Prakash Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. This Court has passed following order on 06.12.2024 :-
"The petitioner's pension was incorrectly calculated by departmental order dated
29.09.2014. Aggrieved the petitioner tookout proceedings before the Pension Adalat. The Pension Adalat by the order dated 19.08.2016 opined that the pension so calculated by the department was incorrect. During the pendency of the writ petition, by the order dated 17.05.2018 the petitioner's pension has again been fixed in terms of the earlier order dated 29.09.2014. The
Director
Training
and
Recruitment Directorate, Rozgar Bhavan, Lucknow shall appear in person along with relevant records to assist the Court ascertaining the correct pension of the petitioner on the next date of listing. List this matter on 10.01.2025."
2. It appears that above referred order has not conveyed to Director, Training and Recruitment Directorate, Rozgar Bhawan, Guru Govind Singh Marg, Charbagh, Lucknow (respondent-2), therefore, he is not present today. 3. This could be construed as a violation of order of Court and contempt proceedings may be initiated against concerned respondent, however, Court is of opinion that it will not much help the petitioner since submission of Sri Apurva Hajela, learned counsel for petitioner has merit that this writ petition is pending since 2016 and a
fresh order was passed on 17.05.2018 on representation of petitioner which was annexed along with counter affidavit filed on 07.07.2018, though same has not been effectively challenged. Still considering that there are certain errors as pointed out learned counsel for petitioner, therefore, order dated 17.05.2018 is set aside and matter is remitted back to concerned respondent to pass a fresh order within 3 weeks and if necessary, petitioner may be heard and for that he may appear before concerned respondent on 25.01.2025 during working hours. 4. Concerned respondent-2 is put on caution that when an order is passed for personal appearance, he has to appear and in case he has any unavoidable circumstances, he may file an application for exemption. 5. Writ petition stands disposed of with above observations. 6. Registrar (Compliance) to take steps. Order Date :- 10.1.2025 Sinha_N.
Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad