Usha Kumari v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Finance U.P. Lko. and 3 Others
Case brief
What is this about?
Keywords: pension commutation recovery; deduction over 180 months (15 years) versus actual recovery in 131 months (10 years 11 months); alleged unjust enrichment / implied interest exceeding 12% per annum; recurring cause of action; retired U.P. Education Department employee; interim restraint on further pension recovery until further orders; detailed counter affidavit ordered (within one week); connected with WRIT A No. 796 of 2025 (Shiv Pratap); cross-reference: M.D. Nazeer Ahmed & Ors. v. State of Telangana, Writ Petition No. 32177 of 2024 (Telangana HC, interim order 20.11.2024); comparable interim protections noted in Kerala HC and Punjab & Haryana HC (no citations supplied).
What did the court decide?
Interim order (matter kept open pending counter affidavit): (i) detailed and exhaustive counter affidavit required from the opposite parties, with Learned Standing Counsel assuring filing within one week; (ii) until further orders, no further recovery to be executed from the petitioners who have completed 10 years and 11 months from superannuation; (iii) case connected with WRIT A No. 796 of 2025 (Shiv Pratap Vs. State of U.P. & Ors.); interim benefit to be recovered in accordance with law if the writ petition is ultimately dismissed.