Petitioner sought refund of a superannuation deduction但若依赖不具挑战性的上级命令。法院驳回本案，因其附带请求保留对未受挑战命令及审计部门命令的重新起诉权利，明确本案不审理未受挑战的命令。
Petition dismissed as withdrawn; liberty granted to file a fresh petition challenging the order of 31.8.2023 and the order of the Accounts Department.
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.
Neutral Citation No. - 2024:AHC-LKO:60364
Court No. - 18
Case :- WRIT - A No. - 7305 of 2024
Petitioner :- Dr. Sudhir Kumar Srivastava Respondent :- State Of U.P. Thru. Prin. Secy. Medical Edu. Lko And 2 Others Counsel for Petitioner :- Umesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Shubham Tripathi
Hon'ble Manish Mathur,J.
Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 and 2 and Mr. Shubham Tripathi learned counsel for opposite party No.3.
Petition has been filed seeking refund of an amount of Rs. 58573/- along with interest with effect from the date of petitioner's superannuation on 4th September, 2023 till the date of actual payment.
Learned counsel for opposite parties have however adverted to order dated 31st August, 2023 which has been brought on record as Annexure No.1 to the petition to submit that the aforesaid deduction was made in terms of the aforesaid order which is not under challenge.
Considering aforesaid submissions, petition is dismissed as withdrawn granting liberty to petitioner to file afresh challenging order dated 31st August, 2023 as well as order of Accounts Department.
Order Date :- 3.9.2024 prabhat
Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the petition for refund of deducted superannuation amount, which is premised on an order not under challenge, should be allowed.
Dr. Sudhir Kumar Srivastava
State Of U.P. Thru. Prin. Secy. Medical Edu. Lko And 2 Others
Manish Mathur
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
