Smt. Nirmla Mishra vs State of U.P. Thru. Its Prin. Secy. Deptt. of Tech. Edu. Lko. and 6 Others — Allahabad HC (2026) — LawSathi Research

Smt. Nirmla Mishra vs State of U.P. Thru. Its Prin. Secy. Deptt. of Tech. Edu. Lko. and 6 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief: operation of impugned order dated 30.12.2025 stayed until further orders; petitioner entitled to full family pension as per last pay drawn ignoring the impugned re-fixation; four weeks' time granted to State Counsel to file counter affidavit; matter connected and to be listed alongwith Writ A No.16 of 2026.

Issue for consideration

Whether the impugned order dated 30.12.2025 reducing the petitioner's pension fixation on the ground of alleged incorrect pay-fixation granted in year 1997 is violative of Government Order dated 16.01.2007 and of the Supreme Court judgment in Sushil Kumar Singhal v. Pramukh Sachiv, Irrigation Department and others ((2014) 16 SCC 444) holding that pay-fixation taken more than ten years prior to superannuation cannot be interfered with.

Ratio / Principle

Prima facie, the submissions advanced by the petitioner's counsel appear to have force and require consideration; learned State Counsel is granted four weeks' time to file the counter affidavit.

Key takeaways

Until further orders of this Court, operation of the impugned order dated 30.12.2025, based on Government letter dated 06.11.2025 and Minutes of Meeting dated 22.02.2024, shall remain stayed.ratio¶18
As a consequence of the stay, the petitioner is directed to be entitled to full family pension as per last pay drawn, ignoring the impugned re-fixation.ratio¶19

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Manish Mathur, J. — Interim order in Writ A No. 2968 of 2026 filed by Smt. Nirmla Mishra challenging order dated 30.12.2025 (issued pursuant to Government letter dated 06.11.2025 and Minutes of Meeting dated 22.02.2024) reducing her pension fixation on the ground of alleged incorrect pay-fixation in year 1997. Counsel invoked Government Order dated 16.01.2007 and Sushil Kumar Singhal v. Pramukh Sachiv, Irrigation Department and others, (2014) 16 SCC 444: 2014(2) ESC 271 (SC), for the proposition that pay-fixation made more than ten years prior to superannuation cannot be interfered with. The Court found the submissions prima facie to have force, granted the State Counsel four weeks to file a counter affidavit, connected the matter with Writ A No.16 of 2026, stayed operation of the impugned order until further orders, and directed that the petitioner be entitled to full family pension as per last pay drawn ignoring the impugned re-fixation.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

WRIT - A No. - 2968 of 2026

Smt. Nirmla Mishra

.....Petitioner(s)

Versus

State Of U.P. Thru. Its Prin. Secy. Deptt. Of Tech. Edu. Lko. And 6 Others

.....Respondent(s)

Counsel for Petitioner(s) : Shrawan Kumar Verma Counsel for Respondent(s) : C.S.C.

Court No. - 7

HON'BLE MANISH MATHUR, J.

Heard learned counsel for petitioner and learned State Counsel for the opposite parties.

Petition has been filed challenging order dated 30.12.2025 issued pursuant to Government letter dated 06.11.2025 as well as Minutes of Meeting dated 22.02.2024 whereby pension fixation of petitioner has been reduced on finding that he was incorrectly granted salary in year 1997.

It is submitted that impugned order clearly indicates the aspect that petitioner's pensionary benefits are being reduced on allegation of incorrect pay-fixation granted in year 1997 and therefore such impugned order is in violation of Government Order dated 16.01.2007 as well as judgment rendered by Hon'ble the Supreme Court in Sushil Kumar Singhal v. Pramukh Sachiv, Irrigation Department and others , reported in (2014) 16 SCC 444: 2014(2) ESC 271 (SC) whereby it has been clearly held that pay-fixation having taken place more than ten years prior to date of superannuation of an employee cannot be interfered with.

Prima facie, submissions advanced by learned counsel for petitioner appear to have force and require consideration for which learned State Counsel is granted four weeks' time to file their counter affidavit.

Connect and list alongwith Writ A No.16 of 2026.

WRIA No. 2968 of 2026

2

Until further orders of this Court, operation of impugned order dated 30.12.2025 based on Government letter dated 06.11.2025 as well as Minutes of Meeting dated 22.02.2024 shall remain stayed.

As a consequence, it is directed that petitioner shall be entitled to full family pension as per last pay drawn ignoring the impugned re-fixation.

(Manish Mathur,J.)

March 19, 2026

Subodh/-

Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench