The court dismissed a writ petition challenging the recovery of commutation amounts from pension installments, holding that the issue was settled by prior Division Bench and coordinate Bench judgments.
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Neutral Citation No. - 2025:AHC:47340
Court No. - 4
Case :- WRIT - A No. - 1331 of 2025
Petitioner :- Awdhesh Kumar Dwivedi Respondent :- State of U.P. Counsel for Petitioner :- Rajpal Singh Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel appearing for the petitioner and Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel appearing for the State respondents.
By means of this petition filed under Article 226 of the Constitution, petitioner has questioned recovery of the commutation amount given to the petitioners, by means of installments from pension.
It is argued by learned counsel for the petitioner that since amount paid as commutation has already stood recovered, further recovery from the pension of petitioner is bad even though rules provide for deductions for a period of 15 years.
Learned Standing Counsel submits that the controversy is no more res integra in the light of judgment of Division Bench of this Court in the case of Ashok Kumar Agarwal and others v. Union of India and another passed in Writ - A No.- 17819 of 2024 decided on 15th January, 2025 which has also been followed by a coordinate Bench of this Court in the case of Radheshyam Shukla and others v. State of U.P. and others along with bunch matters passed in Writ - A No.- 19031 of 2024 decided on 6th March, 2025.
Learned counsel for the petitioner could not dispute the above facts, nor could take any plea that above judgments are distinguishable on law or on facts. Learned counsel for the petitioner also could not place any judgment of Supreme Court to hold that judgments relied upon by learned Standing Counsel are not binding judicial precedents.
In view of the above, no indulgence can be granted by this Court in such matter.
Thus petition is dismissed in the light of the law laid down in aforesaid quoted authorities of this Court.
Order Date :- 3.4.2025 Atmesh
Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad
1 issue framed by the court
Is further recovery of commutation amount from pension bad in law when already recovered, despite rules allowing deductions for 15 years?
Colour shows how this judgement treated each authority
Ashok Kumar Agarwal and others v. Union of India and anotherFollowed¶9
Ashok Kumar Agarwal and others v. Union of India and another passed in Writ - A No.- 17819 of 2024 decided on 15th January, 2025
Radheshyam Shukla and others v. State of U.P. and othersFollowed¶9
Radheshyam Shukla and others v. State of U.P. and others along with bunch matters passed in Writ - A No.- 19031 of 2024 decided on 6th March, 2025
1 provisions across 1 enactments
Awdhesh Kumar Dwivedi
State of U.P.
Ajit Kumar
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
