Petitioner seeks retrospective pension under Loktantra Senani Samman Act. Court notes the 2013 application date versus 2021 approval, orders counter affidavit, and lists the matter for further hearing.
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. - 3
Case :- WRIT - C No. - 4663 of 2024 Petitioner :- Ameer Singh Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Political Pension Annexe Building Lko. And Another Counsel for Petitioner :- Jitendra Prakash Mishra Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.
(1) Heard the learned counsel for the petitioner and Shri Ajay Kumar Pandey, learned Standing counsel who appears for the Opposite party nos.1 & 2.
(2) This petition has been filed by the petitioner for the following main prayer:-
"1) Issue a writ, order or direction in the nature of Mandamus commanding to the Opposite party no.2 to pay the Loktantra Senani Samman Rashi/ Pension from the date 18.04.2013 of application to the petitioner."
(3) It has been submitted by the learned counsel for the petitioner that the petitioner had applied for Loktantra Senani Samman Rashi/ Pension application on 18.04.2013 before the Opposite party no.2- Zila Adhikari, District Lakhimpur Kheri. Such application has been considered and approved only in 2021 and he is being given pension with effect from 01.01.2021 only whereas other such similarly situated persons have received pensions with effect from the date of making of their applications.
(4) The petitioner has made an application on 18.04.2013 and he prays that the pension may be granted to him with retrospective effect.
(5) Counsel for the State-respondents has pointed out Paragraph-5 of the Gazette Notification dated 22.03.2016 by which Uttar Pradesh Loktantra Senani Samman Adhiniyam, 2016 was notified.
(6) Let a counter affidavit be filed by the respondents within a period of six weeks. Two weeks' time thereafter is given to the petitioner to file his rejoinder affidavit.
(7) List this matter on 08.08.2024 .
Order Date :- 24.5.2024 N.PAL
Digitally signed by :- NARESH PAL High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the petitioner is entitled to the Loktantra Senani Samman Rashi/Pension with retrospective effect from the date of his application in 2013.
Whether other similarly situated persons receiving pension retrospectively entitles the petitioner to the same relief.
1 provisions across 1 enactments
Ameer Singh
State Of U.P. Thru. Prin. Secy. Deptt. Of Political Pension
Annexe Building Lko. And Another
Sangeeta Chandra
Brij Raj Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
