Petitioners challenged recovery of commuted pension amounts by installments from their pension. Following two Division Bench decisions of the Allahabad High Court, the court found no basis to interfere, petitioners not disputing the precedents or showing them distinguishable, and dismissed the writ petition.
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Neutral Citation No. - 2025:AHC:37797
Court No. - 4
Case :- WRIT - A No. - 693 of 2025
Petitioner :- Braj Bhushan Rai And 10 Othes Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- C.S.C.,Ugrasen Kumar Pandey
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 :- 17.3.2025 Sanjeev
Digitally signed by :- SANJEEV RANJAN High Court of Judicature at Allahabad
1 issue framed by the court
Whether recovery of commutation amount from pension in installments is permissible despite the commutation amount having been recovered.
Colour shows how this judgement treated each authority
Ashok Kumar Agarwal and others v. Union of India and anotherFollowed
Writ - A No.- 17819 of 2024 decided on 15th January, 2025
Radheshyam Shukla and others v. State of U.P. and othersFollowed
Writ - A No.- 19031 of 2024 decided on 6th March, 2025
1 provisions across 1 enactments
Braj Bhushan Rai And 10 Othes
State Of U.P.
6 Others
Ajit Kumar
As recorded by the court registry
3 orders share this CNR
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