Allahabad High Court
Lalsa Yadav And Another vs State Of U.P. And 4 Others on 11 March, 2025
Author: Jayant Banerji
Bench: Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2025:AHC:35558
Court No. - 3
Case :- WRIT - A No. - 265 of 2025
Petitioner :- Lalsa Yadav And Another
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Mahendra Singh
Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
1. Heard learned counsel for the petitioners and Sri Pramod Kumar Srivastava, learned standing counsel for the State.
2. This petition has been filed seeking following relief:-
"i) Issue a writ, order or direction in the nature of mandamus commanding and direct the respondents not to deduct any amount towards installment of commuted pension from the monthly pension of the petitioner.
ii) Issue a writ, order or direction in the nature of mandamus commanding and direct the respondents to refund the excess amount of pension illegally recovered from the petitioner towards installment of commuted pension along with reasonable interest within stipulated period so fix by this Hon'ble Court."
3. The contention of learned counsel for the petitioners is that commutation of pension of the petitioners is governed by Uttar Pradesh Civil Pension (Commutation) Rules, 1941 and Government Order dated 08.12.2008. His sole contention is that recovery period of 15 years after grant of commutation of pension is improper as the recovery is completed in around 10 years. Hence, the period of 15 years prescribed for recovery period is illogical and arbitrary.
4. Learned counsel in support of his submission has relied upon interim orders passed by this Court in following cases:-
Writ-A No.17132 of 2024 (Ramji Lal v. State of UP & ors)
Writ-A No.15805 of 2024 (Shiv Dutt Sharma v. State of UP & ors)
Writ-A No.5617 of 2024 (Dr. Om Prakash Srivastava & Ors v. State of UP & ors)
Writ-A No.6190 of 2024 (Dr. Shyam Kishore Tewari & ors v. State of UP & ors)
Writ-A No.6640 of 2024 (Vijay Prakash Srivastava & ors v. State of UP & ors)
Writ-A No.6601 of 2024 (Ram Dev & ors v. State of UP & ors)
5. It is contended that in view of the interim orders passed in the aforesaid cases, a similar relief be extended in the instant case also.
6. Learned standing counsel appearing for the State-respondents has, on the other hand, relied upon a judgment of Division Bench of this Court passed in the case of Ashok Kumar Agarwal and others vs. Union of India and another, reported in (Neutral Citation) 2025:AHC:6439-DB. In the aforesaid case a similar claim was raised by the petitioners as raised in the instant petition. There the Punjab National Bank (Employee) Pension Regulations, 1995 was referred to which contemplated that the pension would be restored after a period of 15 years. In that case also, the submission was raised that consequent to commutation of pension, a lump-sum amount was paid to the petitioners as also actual deduction made on account of one third deduction in their pension. The case there was that in fact the benefit extended by the bank, on account of commutation gets equalization on the expiry of 10-11 years and, therefore, the service regulations providing for restoration of pension upon expiry of 15 years, ought to be interfered with by the court and reduced to 10 years. After considering the statutory provisions this Court has observed as follows:-
"The petitioners' contention that period for resumption of full pension be reduced from 15 years to 10 years only because the bank actually recovers the lumpsum amount paid on expiry of 10 years, is a misconceived argument. The Policy contained in the Regulations of 1995 extends an offer to the retiring employee to avail the benefit of commutation on specific terms. These terms clearly provide for restoration of pension only on expiry of 15 years. The petitioners otherwise do not say that the terms of the policy is unconstitutional or unconscionable.
Having accepted such offer, a binding contract comes into existence between the employee and the employer as per which the original pension is to be restored after 15 years. Having acquiesced to the commutation policy with open eyes, it is not open for the retiring employee to contend later that the period of restoration of full pension be reduced from 15 years to 10 years. Whether or not the lumpsum amount gets equalised on expiry of 10 years or 11 year is not decisive or material. What is material is the nature of obligation which enures upon the parties when the retiring employee accepts the provision of commutation of pension. The employee with his open eyes having availed the policy, cannot subsequently turn around or seek modification in its terms. The argument that the table or the figures were not adequately disclosed, is also not acceptable, inasmuch as the chart specifies the manner in which the commutation is to be fixed and the period after which the original pension is to be restored. In case, the employees had any misgivings about it, they could have sought appropriate clarification before accepting the offer. Once, the petitioners have acquiesced to the policy and accepted the offer, their subsequent attempt to resile or seek change in its computation would clearly be impermissible.
The writ petition lacks merit and is, accordingly, dismissed.
The view taken by us clearly finds support from the adjudication made by the Supreme Court in "Common Cause", A Registered Society And Others Vs. Union of India, (1987) 1 Supreme Court Cases, 142, R. Gandhi Vs. Union of India And Others, (1999) 8 SCC 106 as well the judgment of Delhi High Court in Forum Retired IPS Officers (FORIPSO) Vs. Union of India & Another, 2019 SCC Online Del 6610 and Punjab & Haryana High Court in Shila Devi Vs. State of Punjab in CWP No. 9426 of 2023."
7. In view of the aforesaid opinion expressed by Division Bench of this Court the issue being raised by petitioners in the instant petition stands settled and no benefit can inure to them on the basis of the interim orders cited.
8. For the reasons aforesaid, this petition fails and is, therefore, dismissed.
Order Date :- 11.3.2025
Asha
(Jayant Banerji,J.)
