MAZHAR ABBAS AND 12 OTHERS v. STATE OF UTTAR PRADESH AND 3 OTHERS
WRIA/3716/2026 · 2026-03-18
Vikram D Chauhan
body2026
DailyLaw.ai
[ 2026 DAILYLAW 572 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 572 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 3716 of 2026 Court No. - 34 HON'BLE VIKRAM D. CHAUHAN, J.
1. Heard learned counsel for the petitioners, Sri Vimlesh Kumar Rai, learned counsel for the respondent nos.2 to 4 and learned Standing Counsel. 2. The writ petition is filed with the following prayers:
"(i). to issue a writ, order or writ of Mandamus by commanding the respondents to continue to make payment of Salary and other service benefits regularly every month without any deduction and further in future pay the Post-retiral dues and Pension, when it become due, to the petitioners, as per the Judgment and order dated 29.05.2025 passed by the Division Bench of this Court, in Special Appeal No. 92 of 2025 (Om Prakash And 1628 Others Vs. State of U. P. and Others, 2025:AHC- LKO:32546-DB), within a stipulated period as may fixed by this Hon'ble Court. (ii). to issue a writ, order or writ of mandamus commanding and directing the Respondents to pay the Arrears of Sixth Pay to the Petitioners along with interest at the rate of 8% from the due date to till the actual payment of the above withheld funds of the petitioners."
3. It is not under much dispute that the issue involve in present petition has already been settled by a Division Bench of this Court in Om Prakash and others vs. State of U.P. and others, 2025:AHC-LKO:32546-DB and the relevant part of judgment is reproduced hereinafter:
"(64) The impugned order dated 30.01.2025 reveals that the appellants-petitioners were divided into three categories 'A', 'B' and 'C' as follows:- Category - A .... Those who have retired from service prior to issuance of the impugned orders dated 18.04.2020 and 20.04.2020. Category - B .... Those who have retired from service prior to issuance of the Versus Counsel for Petitioner(s) : Subodh Kumar Rai Counsel for Respondent(s) : C.S.C., Suresh Singh Mazhar Abbas And 12 Others .....Petitioner(s) State Of Uttar Pradesh And 3 Others .....Respondent(s)
impugned orders dated 18.04.2020 and 20.04.2020. Category - C .... Those who are in service. (65) In respect of Category 'A' employees/petitioners, it was directed by the Writ Court to continue to draw the pension and other retirement benefits which they were drawing at the time of their retirement with all consequential benefits; meaning thereby the impugned orders shall not come in their way.
(66) In respect of employees/petitioners categorized at 'B' and 'C', it was directed that recovery of the excess amount from them shall not be recovered. To this limited extent, the impugned orders were quashed. (67) For the reasons stated above, we allow both the Special Appeals and set aside the impugned judgment and order dated 31.01.2025, so far as it relates to the category 'B' and 'C' employees and quash the impugned orders dated 18.08.2020 and 20.08.2020, passed by the competent authority. Accordingly, all the writ petitions filed by the appellants-petitioners are allowed. (68) There shall be no order as to costs."
4. In aforesaid circumstances, writ petition is disposed of in the light of above referred directions and concerned respondents are directed to apply aforesaid judgment taking note of factual aspect of each petitioners. March 19, 2026 D. Tamang WRIA No. 3716 of 2026 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad