SUDARSHAN SINGH v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIA/13457/2025 · 2025-09-09
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 93189 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93189 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13457 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard Mrs. Mamta Maurya, learned counsel for petitioner(s), Mr. Pranesh Dutt Tripathi, learned counsel for the respondent-BSA and learned Standing Counsel for the State-respondent. 2. The present writ petition has been filed inter-alia for the following reliefs:-
"(a) Issue a Writ, order or direction in the nature of Certiorari quashing the provisions stating restoration period as 15 years in the Uttar Pradesh Civil Pension (Commutation) Rules, 1941 as amended by G.O., No. संख्या सा-3-1508/दस-2000-300-97 dated 08.12.2008 issued by Finance (General) Section-3 of State of Uttar Pradesh, contained in Annexure Nos.6 and 7 to this Writ Petition after summoning the records. (b) Issue a Writ, order or direction in the nature of Mandamus for restoration of the commuted pension after expiry of 10 years 11 months or at best 11 years instead of 15 years as provided in the G.O. dated
08.12.2008. (c) Issue a Writ, order or direction in the nature of Mandamus directing the respondents not to deduct the amount of commuted portion of pension from the monthly pension after the expiration of 10 years 11 months or at best 11 years during the pendency of this Writ Petition before this Hon'ble Court. (d) Issue a Writ, order or direction in the nature of mandamus to refund the excess amount of money, which was recovered from the pension with regard to the commuted amount relating to the Petitioners. (e) Issue any other suitable Writ, order or direction, in favour of the Petitioner which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (f) Award costs of the Petition to the Petitioners."
3. Learned counsel for the parties admit that the case of the petitioner(s) is squarely covered by judgment of this Court in WRIT - A No. - 5617 of 2024 Versus Counsel for Petitioner(s) : Mamta Maurya, Raj Kumar Vaishya Counsel for Respondent(s) : C.S.C., Pranesh Dutt Tripathi Sudarshan Singh .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s)
(Dr. Om Prakash Srivastava And Others v. State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Finance Lko 3 Others) and other connected matters decided on 28.05.2025. 4.
Considering aforesaid, the writ petition is disposed of finally providing that petitioner(s) of this writ petition shall also be entitled to benefit of judgment rendered in 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). September 10, 2025 Jitendra/- WRIA No. 13457 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad