LAKSHMAN PRASAD v. STATE OF U.P. THROUGH SECRETARY (BASIC EDUCATION) GOVERNMENT OF U.P. AT LUCKNOW AND 3 OTHERS
WRIA/367/2025 · 2025-03-17
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8077 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8077 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38049 Court No. - 6 Case :- WRIT - A No. - 367 of 2025 Petitioner :- Lakshman Prasad Respondent :- State Of U.P. Through Secretary (Basic Education) Government Of U.P. At Lucknow And 3 Others Counsel for Petitioner :- Brijesh Kumar Prajapati,Mahesh Kumar Counsel for Respondent :- Hari Narayan Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Brijesh Kumar Prajapati, learned counsel for the petitioner and Sri Hari Narayan Singh, for the respondent no.2.
2. It is a case of forgery. The petitioner has declared that his father, a pensioner died on 12.11.2020 and accordingly a Death Certificate was prepared, however, subsequently another Death Certificate was prepared disclosing the death of petitioner's father as 12.11.2019.
3. According to learned counsel for the petitioner, it was a dispute between two brothers. However, later on, earlier certificate issued on 12.11.2020 was cancelled, therefore, at this stage, date of death of petitioner's father is 12.11.2019 and in case any pension is received in his bank account after that date has to be returned back, therefore, any contrary submission is legally unsustainable.
4. In case, amount is still not recovered, it shall be recovered within a period of two weeks. In case, petitioner or his brother fails to deposit the amount of 2,61,000/- (Two Lakhs 61 thousand) as indicated in the recovery notice either jointly or severally, appropriate proceedings will be initiated. In case the bank account of deceased is still in operation, same shall be seized forthwith to the extent of above amount subject to its
realization.
5. With aforesaid direction, this writ petition is disposed of.
6. Registrar (Compliance) to take steps. Order Date :- 18.3.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad