Neutral Citation No. - 2025:AHC:73077 Court No. - 7 Case :- WRIT - A No. - 6118 of 2025 Petitioner :- Brahm Pal Singh And 5 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Aalok Singh,Bheem Singh 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) To issue a writ order or direction in the nature of certiorari quashing the provision stating restoration period as 15 years in the amended by G.O. No.Sa-31508/10-2008-308-97 dated 08.12.2008 issued by the Finance (General) Section-3 of State of Uttar Pradesh, contained in (Annexure No.2 and 3) to this writ petition. After summoning the records. (ii) To issue writ, order or direction in the nature of certiorari quashing the provision stating restoration period as 15 years in office Memorandum dated 23.07.1987 and in the office Memorandum dated 06.12.1990 contained (Annexure Nos.3 and 4) to this writ petition after summoning the records. iii) To issue a writ order or direction in the nature of mandamus directing the opposite parties not to deduct the amount to commuted portion of pension, from the monthly pension after the expiration of 10 years 11 months or at best 11 years." 3. It is submitted by learned counsel for petitioner that the deductions from pension is under challenge. The aforesaid issue has already been decided by the Division Bench of this Court in Writ-A No.17819 of 2024 (Ashok Kumar Agarwal and 48 others Vs. Union of India and another) decided on 15.1.2025. The present matter is covered by the aforesaid judgment and as such, the same may be decided in terms of aforesaid judgment of Division Bench of this Court. 4. Learned Standing Counsel does not dispute the same. 5. It is to be seen that the Division Bench of this Court by judgment dated 15.1.2025 has held under:- "Having accepted such offer, a binding contract comes into existence between the employee and the employer as per which the original pension is to be restored after 15 years. Having acquiesced to the commutation policy with open eyes, it is not open for the retiring employee to contend later that the period of restoration of full pension be reduced from 15 years to 10 years. Whether or not the lumpsum amount gets equalised on expiry of 10 years or 11 year is not decisive or material. What is material is the nature of obligation which enures upon the parties when the retiring employee accepts the provision of commutation of pension. The employee with his open eyes having availed the policy, cannot subsequently turn around or seek modification in its terms. The argument that the table or the figures were not adequately disclosed, is also not acceptable, inasmuch as the chart specifies the manner in which the commutation is to be fixed and the period after which the original pension is to be restored. In case, the employees had any misgivings about it, they could have sought appropriate clarification before accepting the offer. Once, the petitioners have acquiesced to the policy and accepted the offer, their subsequent attempt to resile or seek change in its computation would clearly be impermissible. The writ petition lacks merit and is, accordingly, dismissed. The view taken by us clearly finds support from the adjudication made by the Supreme Court in "Common Cause", A Registered Society And Others Vs. Union of India, (1987) 1 Supreme Court Cases, 142, R. Gandhi Vs. Union of India And Others, (1999) 8 SCC 106 as well the judgment of Delhi High Court in Forum Retired IPS Officers (FORIPSO) Vs. Union of India & Another, 2019 SCC Online Del 6610 and Punjab & Haryana High Court in Shila Devi Vs. State of Punjab in CWP No. 9426 of 2023." 6. In view of aforesaid, the writ petition is disposed of in terms of judgment dated 15.1.2025 passed in Writ-A No.17819 of 2024 (Ashok Kumar Agarwal and 48 others Vs. Union of India and another). Order Date :- 7.5.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad