Brief order staying recovery of pension deduction beyond 10 years and 11 months of retirement pending counter affidavit, noting identity with Punjab and Haryana precedent.
Recovery from petitioner stayed till further orders; relief reversible if application dismissed.
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Court No. - 6
Case :- WRIT - A No. - 9991 of 2024
Petitioner :- Mahesh Prasad
Respondent :- State Of U.P. Thru. The Addl. Chief Secy. Deptt. Of Public Works Lko. And 2 Others Counsel for Petitioner :- Jay Prakash Singh Counsel for Respondent :- C.S.C.
Hon'ble Alok Mathur,J.
(Alok Mathur, J.)
Order Date :- 25.10.2024 RKM.
Digitally signed by :- RAKESH KUMAR MAURYA High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether deduction of pension arrears for 15 years is illegal when commutation is recovered within 10 years and 11 months.
Whether to grant interim stay pending detailed counter affidavit and facts.
Whether distinguishing Kerala and Punjab High Court precedents is applicable here.
Mahesh Prasad
State Of U.P. Thru. The Addl. Chief Secy. Deptt. Of Public Works Lko. And 2 Others
Alok Mathur
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
