Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13354 of 2025 Court No. - 5 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1.Heard Sri Akhilesh, learned counsel for the petitioner and Mrs.Raj Lakshmi, learned Standing Counsel.
2. In the present case, petitioner got retired on 31.12.2012 from the post of Class-IV of Awas & Vikas Parishad, Agra and now he has approached this Court after 13 years that he should be granted pension and has challenged the reply to the notice given through his Advocate. Court is of considered opinion that a reply to the notice given through the counsel for the petitioner cannot be challenged in a writ jurisdiction since it is not an order of the respondents, though it can be referred as a reason assigned by the respondents.
3. It is not under much dispute that petitioner has received all the retiral benefits and has also filed a notorized affidavit that he will not claim any other benefits, therefore, at this belated stage said affidavit could not be disputed. Otherwise also, claim of the petitioner is not only barred by latches, but being in realm of disputed facts cannot be adjudicated under writ jurisdiction
4. Writ Petition is accordingly dismissed. September 9, 2025 SB Versus Counsel for Petitioner(s) : Akhilesh Counsel for Respondent(s) : C.S.C. (Saurabh Shyam Shamshery,J.) Mahavir Prasad .....Petitioner(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad