Parmatma Chaudhary v. State of U.P. Thru. Prin. Secy. Deptt. of Finance Lko. and 3 Others

Allahabad HC17 Oct 2024WRIA/7366/2024

Case brief

AI extract

What is this about?

A retired Clerk sought quashing of two notices and release of his pension, unpaid since retirement despite a District Judge's recommendation. The court directed counter affidavits and, as an interim measure, ordered respondents to expedite the matter, pay pension if no legal impediment exists, and pay provisional pension forthwith.

What did the court decide?

Interim directions: respondents to expedite pension processing, pay pension if no legal impediment, and pay provisional pension forthwith; counter affidavit within three weeks.

Parmatma Chaudhary vs State of U.P. Thru… — Pension and Retirement Benefits | Allahabad HC (2024)

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Court No. - 4

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Case :- WRIT - A No. - 7366 of 2024

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Petitioner :- Parmatma Chaudhary Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Finance Lko. And 3 Others Counsel for Petitioner :- Avinash Chandra Counsel for Respondent :- C.S.C.,Gaurav Mehrotra

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Sri Avinash Chandra, learned counsel for the petitioner, Sri Aditya Dwivedi, learned Standing Counsel and Sri Gaurav Mehrotra, learned counsel for the opposite party no. 4.

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By means of this petition, the petitioner has prayed the following relief:-

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"I) Issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned order/notice dated 18.06.2024, annexed as Annexure No. 1; II) Issue an appropriate writ, order or direction in the nature of certiorari quashing the impugned order/notice dated 20.02.2024, annexed as Annexure No. 2.

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III) Issue an appropriate writ, order or direction in the nature of mandamus directing the respondents to release the pension of the petitioner as per the proposal forwarded by the office of the judgeship at District- Ambedkar Nagar."

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Shri Avinash Chandra has submitted that the petitioner retired from the post of Clerk on 31.07.2023 and after his retirement he has not been getting pension despite the fact that the District Judge District Ambedkar Nagar has preferred letter to the pension department for paying pension to the petitioner. The learned counsel has stated that without any cogent reasons, the petitioner has not been paid even provisional pension after his retirement.

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Let counter affidavit be filed within period of three weeks.

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A weeks' time thereafter is granted for filing rejoinder affidavit. List in the week commencing 14.10.2024, as fresh.

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This matter may be taken up immediately after fresh cases.

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In the meantime, the opposite party nos. 2 and 3 shall expedite the issue of the petitioner and if there is no legal impediment,

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the petitioner shall be paid his pension.

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Further, the petitioner shall be paid his provisional pension forthwith.

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Order Date :- 4.9.2024 Anurag

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench

Parmatma Chaudhary v. State of U.P. Thru. Prin. Secy. Deptt. of Finance Lko. and 3 Others

Case brief

What is this about?

What did the court decide?

Parmatma Chaudhary v. State of U.P. Thru. Prin. Secy. Deptt. of Finance Lko. and 3 Others

Case brief

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