Asharfi Lal and Another vs State of U.P. and 6… — Writ and Judicial Review | Allahabad HC (2025)

Asharfi Lal and Another vs State of U.P. and 6… — Writ and Judicial Review | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether recovery of the commutation amount granted to the petitioners, by means of installments deducted from pension, is lawful where the petitioners contend the amount has already stood recovered, even though the rules provide for deductions for a period of 15 years.

Court's answer

The judgments relied upon by the learned Standing Counsel (Ashok Kumar Agarwal; Radheshyam Shukla) were effectively unanswerable: the petitioners' counsel could not dispute the facts, could not plead the judgments were distinguishable on law or on facts, and could place no judgment of the Supreme Court showing they are not binding judicial precedents.

Ratio / Principle

In such settled matters, no indulgence can be granted by this Court.

Key takeaways

The writ petition is dismissed in the light of the law laid down in the aforesaid quoted authorities of this Court.ratio¶13

Detailed headnote1 paragraphs

WRIT - A No. 1632 of 2025, High Court of Judicature at Allahabad (Ajit Kumar, J.; Order dated 3.4.2025): Petition under Article 226 of the Constitution by Asharfi Lal and another questioning recovery of the commutation amount granted to them, taken by installments from their pension, DISMISSED. The controversy was submitted by the Standing Counsel to be no longer res integra in the light of the Division Bench judgment in Ashok Kumar Agarwal and others v. Union of India and another (Writ - A No. 17819 of 2024, decided 15.01.2025), likewise followed by a coordinate Bench in Radheshyam Shukla and others v. State of U.P. and others (Writ - A No. 19031 of 2024, decided 06.03.2025). Counsel for the petitioners could not dispute these judgments, could not urge they were distinguishable on law or facts, and placed no Supreme Court judgment denying their precedential force. Accordingly 'no indulgence can be granted' and the petition was dismissed 'in the light of the law laid down in' the aforesaid authorities of this Court.

Neutral Citation No. - 2025:AHC:47318

Court No. - 4

Case :- WRIT - A No. - 1632 of 2025

Petitioner :- Asharfi Lal And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Deepesh Kumar Ojha,Naman Navin Singh,Prashant Tripathi Counsel for Respondent :- C.S.C.

Hon'ble Ajit Kumar,J.

Heard learned counsel appearing for the petitioners 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, petitioners have questioned recovery of the commutation amount given to the petitioners, by means of installments from pension.

It is argued by learned counsel for the petitioners 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