Smt.Meena vs State Of U.P. And 3 Others
2022 Latest Caselaw 2660 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 3781 of 2022
 

 
Petitioner :- Smt.Meena
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Kirt Raj Yadav
 
Counsel for Respondent :- C.S.C.,Rameshwar Prasad Shukla
 

 
Hon'ble Attau Rahman Masoodi,J.

Hon'ble Vikram D. Chauhan,J.

Heard learned counsel for the petitioner.

By means of this writ petition, the State has come up against the judgement and order passed by the U.P. State Public Service Tribunal, Lucknow in claim petition no. 932 of 2021 on 21.10.2021, whereby, the orders dated 9.1.2020 and 3.10.2020 passed by the State authorities against the respondent for re-fixation of his pension and recovery of excess payment made to him were set aside.

The tribunal after giving due opportunity to the parties has recorded just and cogent reasons for allowing the claim petition. The tribunal while considering the case has relied upon the government order dated 16.1.2007 which could not be sidelined while passing the orders impugned before the tribunal.

In the facts and circumstances of the case, the judgement rendered by the tribunal is well reasoned and based on the government order which was binding upon the State authorities.

Thus, once the orders passed by the authorities were found in derogation of the government order placed reliance upon by the claimant, we find no error in the impugned judgment calling for an interference under Article 226 of the Constitution of India.

The writ petition being bereft of any merit is accordingly dismissed.

Order Date :- 12.5.2022

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