Disposed

Pradeep Kumar Saxena and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. Finance Lko. and 5 Others

Allahabad HC20 Sept 2024WRIA/7977/2024

Case brief

AI extract

What is this about?

Single Judge noted the writ petition challenging a Government Order on pension restoration periods. The petitioners' counsel argued the Order was ultra vires as it supplemented rather than modified the rules. The matter was connected with Writ-A No.5617 of 2024.

What did the court decide?

Interim protection granted preventing further recovery from petitioners pending hearing; matter connected with Writ-A No.5617 of 2024.

Pradeep Kumar Saxena and 4 Others vs State… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:64949

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Court No. - 4

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Case :- WRIT - A No. - 7977 of 2024

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Petitioner :- Pradeep Kumar Saxena And 4 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Finance Lko. And 5 Others

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Counsel for Petitioner :- Ajay Pratap Singh,Mohd. Sheraj Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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Heard Mohd. Sheraj, learned counsel for the petitioner and Sri Diwakar Singh, learned Standing Counsel for the State.

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Learned counsel for the petitioner has filed supplementary affidavit indicating the chart showing the date of retirement of the petitioners, the same is taken on record.

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The Registry has noted the objection to the effect that the Bench copy is required in the matter but learned counsel for the petitioner has noted that similar matters are pending consideration, therefore, this matter may be placed before the Single Judge.

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Learned counsel for the petitioner has stated that he has not assailed any provision of U.P. Civil Pension (Commutation) Rules, 1941 but has assailed the Government Order dated 8.12.2008 issued by the Finance Department, Government of U.P. supplementing the provision of the rules which is not permissible under the law.

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Learned counsel for the petitioner has further submitted that the Government Order may supplant the rules but may not supplement the Rules, therefore, the petitioners are not aggrieved from the rules and not challenging any provision of Rules but are challenging the Government Order which may be assailed by filing writ petition before the Single Judge.

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I find substance in the aforesaid submission of learned counsel for the petitioner inasmuch as the prayer reveals that the petitioners have assailed the Government Order dated 8.12.2008.

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By means of this writ petition, the petitioners have prayed for the following reliefs :

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"(a) Issue a Writ, order or direction in the nature of Certiorari quashing the provisions stating restoration period as 15 years in the Uttar Pradesh Civil Pension (Commutation) Rules, 1941 as amended by G.O. No.

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ससंख्ययामया 3-1506/ यश -2008-308-97 dated 08.12.2008 issued by Finance (General) Section-3 of State of Uttar Pradesh contained in Annexure No.2 and 3 to this Writ Petition after summoning the records.

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(b) Issue a Writ, order or direction in the nature of Mandamus for restoration of the commuted pension after expiry of 10 years 11 months or at best 11 years instead of 15 years as provided in the G.O. dated 08.12.2008.

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(c) Issue a Writ, order or direction in the nature of Mandamus directing the Opp. Parties not to deduct the amount of commuted portion of pension from the monthly pension after the expiration of 10 years 11 months or at best 11 years during the pendency of this Writ Petition before this Hon'ble Court

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(d) Issue a Writ, order or direction in the nature of mandamus to refund the excess amount of money it recovered from the pension with regard to the commuted amount relating to the Petitioners."

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Learned counsel for the petitioners has submitted that all the petitioners have retired from different posts from the Food and Civil Supplies Department. Further, all have retired for more than 12 years. Attention has been drawn towards Annexure No.7 of the writ petition, which is an order dated 25.07.2024 passed by this Court in Writ-A No.5617 of 2024 whereby in identical circumstances, the order has been passed in favour of the retired Doctors, therefore, learned counsel for the petitioners has stated that since the issue is identical, therefore, this writ petition may be connected with the aforesaid writ petition and similar protection may be granted to the present petitioners.

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Matter requires consideration.

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List and connect with Writ-A No.5617 of 2024.

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In the meantime, counter affidavit may be filed.

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Till the next date of listing, no further recovery shall be executed from the petitioners. However, it is made clear that this interim protection may be extended on the next date only after hearing learned counsel for the parties.

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[Rajesh Singh Chauhan, J.]

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Order Date :- 20.9.2024 Om

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Digitally signed by :- OM PRAKASH MISHRA High Court of Judicature at Allahabad, Lucknow Bench

Pradeep Kumar Saxena and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. Finance Lko. and 5 Others

Case brief

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Pradeep Kumar Saxena and 4 Others v. State of U.P. Thru. Addl. Chief Secy. Deptt. Finance Lko. and 5 Others

Case brief

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