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2025 DAILYLAW 77892 (ALL)

SHRI KANHAIYA LAL UPADHYAY AND 6 OTHERS v. STATE OF UTTAR PRADESH AND 2 OTHERS

WRIA/10492/2025 · 2025-09-08

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 10492 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. The petitioners have preferred the instant writ petition challenging Government Order dated 23.07.1987 read with another Government Order dated 06.12.1990 and Government Order dated 08.12.2008, issued regarding restoration period of 15 years to the extent it provides restoration of commuted portion of pension after completion of 15 years. 2. On 27.08.2025, in the present writ petition, following order was passed by this Court: "Mr. Shailendra Singh, learned Standing Counsel for the State submits that the issue in question has already been decided by the Co-ordinate Bench of this Court in Writ-A No.19031 of 2024 (Radheshyam Shukla and 14 others vs. State of U.P. and 3 Others) decided on 06.03.2025, Writ-A No.12596 of 2024 (Sudhir Kumar Agarwal vs. Union of India and others) and the Division Bench of this Court in Writ-A No.4753 of 2025 (Kaushal Kishore Misra and 3 Others vs. S.B.I. Thru. Its Chairman Corporate Centre Maharashtra and 2 others) decided on 05.05.2025, Writ-A No.17819 of 2024 (Ashok Kumar Agarwal and 48 others vs. Union of India and another) decided on 15.01.2025 as well as by the Division Bench of the Lucknow Bench of this Court in Writ-A No.12905 of 2024 (Dan Bahadur Yadav vs. Managing Director and Ceo Bank of Baroda Corporate Center Mumbai and 2 Others) decided on 11.02.2025. Learned counsel for the petitioners requests one week's time to peruse the aforesaid judgments. Put up this case on 09.09.2025, as fresh." 3. Learned counsel for the petitioners has relied upon a recent judgement of Versus Counsel for Petitioner(s) : Chandra Bhan Gupta Counsel for Respondent(s) : C.S.C. Shri Kanhaiya Lal Upadhyay And 6 Others .....Petitioner(s) State Of Uttar Pradesh And 2 Others .....Respondent(s) Lucknow Bench of this Court dated 28.05.2025, whereby a batch of petitions, leading petition being Writ-A No. 5617 of 2024 (Dr. Om Prakash Srivastava And Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Finance Lko & 3 Others) has been decided. By the said order the Court has disposed of the writ petitions with the following directions: "31. Therefore, without entering into the merits of the issue and without interfering the impugned circular dated 16.12.2019 (Annexure no. 3), I hereby dispose of this writ petition at the admission stage giving liberty to the petitioner to prefer a fresh representation to Secretary, Railway Board, New Delhi i.e. opposite party no. 1 and to Director, Finance (Estt.) Railway Board, Ministry of Railways, Government of India, Rail Bhawan, New Delhi, opposite party no. 2 within a period of one month taking all pleas and grounds which are available to him enclosing therewith copies of the relevant documents which are necessary for disposal of the representation of the petitioner and if such representation is preferred by the petitioner, an expert committee may be formed in a same manner it has been formed by the State of U.P. and the issue regarding the restoration period needs to be examined de novo by said committee strictly in accordance with law by a speaking and reasoned order by affording an opportunity of hearing to the petitioner with expedition preferably within a period of three months from the date of production of such representation along with certified copy of the order of this Court and decision thereof shall be intimated to the persons who have preferred such representation with expedition. 32. It is also directed that even if no committee is constituted by the competent authority of Railway Department, the representation of the petitioner or of the office bearers of the association of retired employees, as the case may be, shall be decided in terms of order of this Court. 33. Till the appropriate decision is taken on the aforesaid representation of the petitioner or his association, if any, no recovery shall be executed from the petitioner. 34. It is needless to say that if the petitioner feels aggrieved from the order being passed by the aforesaid committee on his representation, he may approach the competent court of law for redressal of his grievances, if any. 35. Therefore, this writ petition is being disposed of finally in view of the aforesaid terms." 4. Sri Shailendra Singh, learned Standing Counsel appearing for the State WRIA No. 10492 of 2025 2 does not dispute the aforesaid fact, however, relying upon various judgements and orders of this Court i.e. judgement dated 05.05.2025 in the case of Kaushal Kishore Misra & 3 Others v. S.B.I. Thru. its Chairman Corporate Centre Maharashtra and 2 others, Writ-A No. 4753 of 2025; judgement dated 01.04.2025 in the case of Sudhir Kumar Agarwal v. Union of India and others, Writ-A No. 12596 of 2024; judgement dated 06.03.2025 in the case of Radheyshyam Shukla & 14 Others v. State of U.P. & 3 Others, Writ-A No. 19031 of 2024; judgement dated 11.02.2025 in the case of Dan Bahadur Yadav v. Managing Director and CEO Bank of Baroda Corporate Centre, Mumbai & 2 Others, Writ-A No. 12905 of 2024, and judgement and order dated 15.01.2025 in the case of Ashok Kumar Agarwal and 48 Others v. Union of India and Another, Writ-A No. 17819 of 2024, contends that the petitioners herein are not entitled for the relief as being claimed for. 5. In view of the above, this Court finds that the issue under dispute has been settled in the case of Dr. Om Prakash Srivastava And Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Finance Klow 3 Others, Writ-A No. 5617 of 2024, thus, the present writ petition is disposed of in terms of the judgement and order dated 28.05.2025 passed in Dr. Om Prakash Srivastava (supra). 6. No order as to costs. September 9, 2025 DS WRIA No. 10492 of 2025 3 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad