Hari Ram Vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

Hari Ram Vs State of U.P. and 4 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interest @ 6% p.a. on the refunded amount of Rs.5,99,820/- payable within three weeks; Respondent No.3 (Commissioner of Police, Agra) directed to pay pension on the basis of the last salary drawn (Rs.64,100/-) and to refund the difference of pension within three weeks; Registrar (Compliance) to communicate the order to Respondent No.3 through the Chief Judicial Magistrate, Agra within three days.

Issue for consideration

Whether the petitioner is entitled to payment of pension on the basis of the last pay drawn (Rs.64,100/-), the same not having been released despite refund of the recovered amount and revision of pension, and to refund of the difference in pension. +1 more

Court's answer

Respondent No.3, Commissioner of Police, Agra, is directed to make payment of pension treating it on the basis of the last salary drawn by the petitioner (Rs.64,100/-), and the difference of pension which the petitioner is entitled to as per the last salary drawn shall also be refunded within a period of three weeks.

Ratio / Principle

Since the aforesaid payment was released by the respondents after the period of time, interest @ 6% per annum on the refunded amount shall be paid to the petitioner within three weeks.

Detailed headnote1 paragraphs

Allahabad High Court (Prakash Padia, J.), Writ - A No. 5482 of 2026, decided May 7, 2026 — Recovery of Rs.5,99,820/- from the petitioner's post-retiral benefits had been refunded vide office order no. S-318/2024 dated 02.05.2026 and credited to his bank account. Holding that the payment was released after the period of time, the Court directed payment of interest @ 6% p.a. on the refunded amount within three weeks. Since payment as per the last pay drawn (Rs.64,100/-) had not been released despite revision of pension, Respondent No.3 (Commissioner of Police, Agra) was directed to pay pension on the basis of the last salary drawn and to refund the difference of pension within three weeks. Writ petition disposed of finally.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 5482 of 2026

Hari Ram

.....Petitioner(s)

Versus

State Of U.P. And 4 Others	.....Respondent(s)
Counsel for Petitioner(s)	: Chetan Prakash
Counsel for Respondent(s)	: C.S.C.

Court No. - 6

HON'BLE PRAKASH PADIA, J.

Pursuant to the order passed by this Court dated 17.04.2026, a personal affidavit has been filed by the Respondent No.4 namely Deputy Commissioner of Police, Commissionerate, Agra today in the Court, the same is taken on record.

2. Office is directed to allot the regular number forthwith.

It is stated in paragraph-11 of the aforesaid affidavit that amount which was recovered from the post retiral benefits of the petitioner namely Rs.5,99,820/- was directed to be refunded to the petitioner vide office order no. S-318/2024 dated 02.05.2026 and the amount in question has already been credited in the Bank account of the petitioner on 02.05.2026.

In this view of the matter, it is argued that the relief sought has already been granted to the petitioner, therefore, no further orders are required to be passed.

At this point of time, it is argued by the counsel for the petitioner that though the amount recovered from the petitioner has already been refunded and the pension of petitioner was also revised but the payment as per the last pay drawn by the petitioner has not been released. It is argued that last pay drawn by the petitioner is Rs.64,100/-.

Sine the aforesaid payment was released by the respondents after the period of time also, Hence, the interest in respect of the aforesaid be paid to the petitioner @ 6% p.a. within the period of three weeks from today.

WRIA No. 5482 of 2026

2

In this view of the matter and also in the interest of justice, the Respondent No.3 namely Commissioner of Police, Agra is directed to make the payment of pension treating on the basis of last salary drawn by the petitioner namely Rs.64,100/-. The difference of pension which the petitioner has been received and for which the petitioner is entitled as per the last salary drawn by him will also be refunded to the petitioner within a period of three weeks from today.

With the aforesaid observations, the writ petition is disposed of finally .

Registrar (Compliance) is directed to communicate the copy of this order to the respondent no.3 namely Commissioner of Police, Agra through Chief Judicial Magistrate, Agra within three days.

Shri Vijay Shankar Prasad, learned Additional Chief Standing Counsel will also inform regarding this order to the Respondent No.3 forthwith.

(Prakash Padia,J.)

May 7, 2026

Swati

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