Single Bench dismissed maintainability objection regarding Government Order 2008 altering 1941 Pension Rules recovery period. Granted interim stay on further recovery from petitioner.
Stay on recovery from petitioner until detailed counter affidavit is filed; motion adjourned.
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. - 18
Case :- WRIT - A No. - 7658 of 2024
Petitioner :- Shiv Das
Respondent :- State Of U.P. Thru. Addl. Chief Secy. (Finance) Lko. And 2 Others Counsel for Petitioner :- Suman Pandey Counsel for Respondent :- C.S.C.
Hon'ble Manish Mathur,J.
U.P. has also been rejected by means of order dated 18th September, 2024.
Order Date :- 3.10.2024 Satish
Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether the challenge to the 15-year pension commutation recovery period is maintainable in a Single Bench or requires a Division Bench.
Whether the Government Order dated 8th December, 2008 adding a 15-year recovery period to the 1941 Rules is impermissible without legislative amendment.
Whether the execution of recovery from the petitioner's pension pending determination of legality should be stayed.
Colour shows how this judgement treated each authority
Akhtar Ali Farooqui and others versus State of U.P.Referred¶12
Akhtar Ali Farooqui and others versus State of U.P.
Ram Saroop Jindal vs. State of Punjab and othersReferred¶18
Ram Saroop Jindal vs. State of Punjab and others
Dr. Om Prakash Srivastava and others v. State of U. P. and OthersReferred¶21
Dr. Om Prakash Srivastava and others v. State of U. P. and Others
2 provisions across 2 enactments
Shiv Das
State Of U.P. Thru. Addl. Chief Secy. (Finance) Lko.
2 Others
Manish Mathur
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
