Dismissed¶12

Rajendra Kumar Dixit and 5 Others v. State of U.P. and 2 Others

Allahabad HC11 Feb 2025WRIA/414/2025

Case brief

AI extract

What is this about?

Commutation amount recovery from pension in installments; deduction for 15 years under rules; Article 226 writ; Allahabad High Court WRIT - A No. 414 of 2025; Ajit Kumar, J.; res integra; follows Ashok Kumar Agarwal v. Union of India (Writ - A 17819/2024, dt. 15.01.2025) and Radheshyam Shukla v. State of U.P. (Writ - A 19031/2024, dt. 06.03.2025); petition dismissed 17.03.2025.

What did the court decide?

The controversy is concluded by the Division Bench decisions in Ashok Kumar Agarwal and Radheshyam Shukla; the petitioner could not dispute the facts, plead that the judgments were distinguishable on law or facts, or place any Supreme Court judgment showing they are not binding precedents. ¶10

Rajendra Kumar Dixit and 5 Others vs State of… — Writ and Judicial Review | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:37785

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Court No. - 4

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Case :- WRIT - A No. - 414 of 2025

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Petitioner :- Rajendra Kumar Dixit And 5 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajeev Kumar Mishra,Santosh Kumar Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Ajit Kumar,J.

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Heard learned counsel appearing for the petitioners and Sri Pramod Kumar Srivastava, learned Additional Chief Standing Counsel appearing for the State respondents.

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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.

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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.

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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.

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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.

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In view of the above, no indulgence can be granted by this Court in such matter.

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Thus petition is dismissed in the light of the law laid down in aforesaid quoted authorities of this Court.

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Order Date :- 17.3.2025 Sanjeev

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Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad

Rajendra Kumar Dixit and 5 Others v. State of U.P. and 2 Others

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Rajendra Kumar Dixit and 5 Others v. State of U.P. and 2 Others

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