RADHESHYAM SHUKLA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard S/Sri Nawal Kishor Mishra, Praveen Tiwari, Bhagwan Dutt Pandey, Rajesh Tripathi, Vijay Kumar Rai, Ram Krishna Yadav, Ashok Kumar Yadav, Pashant Singh, Anurag Shukla, Satish Chandra Tiwari, Brijendra Kumar Srivastava, Suresh Singh, Rajesh Kumar, Vinod Kumar Singh, Chandra Bhan Gupta, Chheda Lal Verma, Rajnish Kumar Srivastava, Anil Kumar Sharma and Ms. Durga Tiwari, learned counsels for petitioners, Sri Ashish Kumar Nagvanshi and Sri Rajesh Kumar Tiwari, learned A.C.S.C. for State along with other connected writ petitions.

(2.) This is bunch of writ petitions. All the petitioners have retired many years ago from the U.P. Government of Higher Education Department and are receiving pension and they have received benefits of a lump sum amount by Commutating their respective pension under Uttar Pradesh Civil Pension Commutation Rules, 1941.

(3.) The petitioners are aggrieved that their commutation amount has already recovered in about 10 to 12 years, however, by an Office Memorandum dtd. 8/12/2008, recovery from pension is directed to continue up to 15 years and as such the government has received much more amount than it was commuted. All the writ petitioners have challenged the said Office Memorandum dtd. 8/12/2008 on similar ground that according to their contention, the commutation amount was not loan, therefore, the exact amount could only be recovered and not more.