Awadhesh Kumar Pandey vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

Awadhesh Kumar Pandey vs State of U.P. and 3 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only; writ petition kept pending. Respondent no.3 directed to file a personal affidavit within ten days failing which to remain present in Court; matter to be put up as fresh on 16.04.2026 at 10.00 AM. No final decision on pension fixation, leave encashment or group insurance.

Issue for consideration

Whether the petitioner, who superannuated as Head Constable on 31.05.2025, is entitled to pension computed on his basic pay of Rs. 60,400/- (pay at superannuation) rather than on the last salary drawn of Rs. 53,000/- used by the respondents, and whether respondent no.3 must decide his pending representation dated 20.01.2026. +1 more

Court's answer

Respondent no.3 (Finance Controller/Chief Finance and Account Officer, U.P. Police Headquarter, Lucknow) is directed to file a personal affidavit within ten days explaining why disciplinary proceedings should not be initiated against him for harassing a retired government servant, failing which he shall remain present before the Court.

Key takeaways

The Court observed, prima facie and without finally adjudicating entitlement, that the petitioner, though superannuated on 31.05.2025, is getting incorrect pension.obiter¶8

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (Prakash Padia, J.) - WRIT - A No. 4519 of 2026, decided April 1, 2026 - Awadhesh Kumar Pandey v. State of U.P. and 3 Others - Pension of retired Head Constable - Petitioner superannuated on 31.05.2025; alleges pension has been wrongly fixed on his last salary drawn of Rs. 53,000/- instead of his basic pay of Rs. 60,400/- received at superannuation; his representation dated 20.01.2026 to respondent no.3 (Finance Controller/Chief Finance and Account Officer, U.P. Police Headquarter, Lucknow) undecided despite letter dated 16.10.2025 of the SSP, Azamgarh (respondent no.4) directing appropriate orders; leave encashment and group insurance also unpaid. HELD (interim): respondent no.3 to file a personal affidavit within ten days showing cause why disciplinary proceedings should not be initiated against him for harassing a retired government servant, failing which to remain present in Court; matter listed as fresh on 16.04.2026 at 10.00 AM. Petition pending; no final adjudication on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 4519 of 2026

Awadhesh Kumar Pandey

.....Petitioner(s)

	Versus
State Of U.P. And 3 Others			.....Respondent(s)
Counsel for Petitioner(s)	: Arvind Mishra	Kumar,	Chandra Shekhar
Counsel for Respondent(s)	: C.S.C.
Court No.- 6

HON'BLE PRAKASH PADIA, J.

Pursuant to the order passed by this Court, a personal affidavit has been filed by the Finance Controller/ Chief Finance and Account Officer, U.P. Police Head Quarters, Lucknow/ Respondent No. 3 before this Court, the same is taken on record.

It is stated in paragraph-14 of the aforesaid affidavit that on the basis of the pension proposal sent by the Superintendent of Police, Azamgarh, by which the basic salary of the petitioner has been fixed at the time of retirement at Rs.60,400/-, a P.P.O./ G.P.O. has been issued in favour of the petitioner vide letter dated 08.04.2026, copy of which is appended as Annexure-7 to the aforesaid affidavit.

After going through the averments as contained in the personal affidavit of the respondent no.3 it is argued by the counsel for the petitioner that the pension of the petitioner has been wholly illegally reduced w.e.f., 01.06.2025 and he received the reduced pension till the aforesaid decision has been taken namely 08.04.2026. Hence the petitioner is also entitled for the arrears of the difference of the pension for the aforesaid period.

Apart from the same, the amount of leave encashment as well as group insurance was also not paid to the petitioner.

In this view of the mater, as prayed for by the learned Additional Chief Standing Counsel, three weeks time is granted to the respondent no.3 to

WRIA No. 4519 of 2026

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file his personal affidavit giving the details of the payment of the aforesaid amount unless there is no legal impediment.

In the absence of the same, the respondent no.3 shall remain present before this Court.

List this matter again on 12.05.2026.

The matter will be taken up at 10:00 a.m..

(Prakash Padia,J.)

April 16, 2026

Swati

Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad