In a fresh hearing order, the Allahabad High Court listed a writ petition challenging illegal pension deductions on 13.08.2024. The petitioner seeks to quote Rajesh Singh Chauhan State of Punjab vs. Rafiq Masih to quash recovery orders and refund deducted amounts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- WRIT - A No. - 6009 of 2024
Petitioner :- Newanu Sharma
Respondent :- State Of U.P Thru. Addl. Chief Secy., Home, Lko. And 3 Others Counsel for Petitioner :- Sanjay Kumar Rao Counsel for Respondent :- C.S.C.
Hon'ble Rajesh Singh Chauhan,J.
"(i) To Issue a writ, order or direction in the nature of Certiorari to quash the recovery order passed by the opposite party No. 3 while summoning the same from the Opposite party No. 3 for the illegal recovery/ deduction of money amounting Rs. 2,03,131/- (Rs. Two Lakh Three Thousand One Hundred Thirty One only) from the pension dues.
ii. To Issue a writ, order or direction in the nature of Certiorari to quash the the recovery/deduction order passed by the opposite parties while summoning the same from the Opposite parties for the illegal recovery/ deduction of money amounting Rs. 30,459/- (Rupees Thirty Thousand Four Hundred Fifty Nine only) from the pension dues.
iii. To Issue a writ, order or direction in the nature of MANDAMUS commanding the opp. Parties to refund the amount of Rs. 2,03,131/- (Rs. Two Lakh Three Thousand One Hundred Thirty One only) and Rs. 30,459/- (Rupees Thirty Thousand Four Hundred Fifty Nine only) which has been illegally deducted/ recovered from the petitioner from his pension dues in the light of Judgment delivered by the Hon'ble Supreme court in State f Punjab and others Vs. Rafiq Masih (White washer) and other reported in 2015(4)SCC 32."
has been executed against the petitioner after his retirement. The petitioner retired from Class-IV post and without affording an opportunity of hearing, such recovery has been executed. At the time of making payment of benefit of pay scale etc., no undertaking was taken from the petitioner, therefore, the petitioner is entitled for the benefit in terms of the judgement and order of the Apex Court in re: State of Punjab vs. Rafiq Masih (White Washer) reported in 2015 (4) SCC 334.
Order Date :- 1.8.2024 Shravan
Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the recovery of money deducted from pension dues without a formal order and opportunity of hearing is illegal.
Whether the petitioner is entitled to the benefits of the judgment in State of Punjab vs. Rafiq Masih.
Colour shows how this judgement treated each authority
State of Punjab vs. Rafiq MasihReferred¶12
State of Punjab vs. Rafiq Masih (White Washer) reported in 2015 (4) SCC 334 · Who else cites this
Newanu Sharma
State Of U.P
Rajesh Singh Chauhan
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
