Allahabad High Court
SANTOSH KUMAR SHUKLAversusUNION OF INDIA AND 4 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The court declined to issue mandamus, observing that the respondents have indicated the retirement application is under consideration and no further order is required.
Summary
The petitioner, Santosh Kumar Shukla, filed a writ petition seeking mandamus directing CRPF officials to process his voluntary retirement application under Rule 43(d)(1) of the CRPF Rules, 1955, without requiring NPS option forms, and to release his pension and other benefits under the Old Pension Scheme as per the CCS (Pension) Rules, 1972/2021 and a prior judgment. The respondents submitted written instructions indicating that the petitioner's retirement request is under consideration and that orders will be passed in due course. The court, noting the respondents' undertaking, found no need to pass any further order. Consequently, the petition was consigned to the records with an expectation that the respondents will decide the matter expeditiously.
Issues considered
- Whether the petitioner is entitled to a mandamus directing the CRPF authorities to process his voluntary retirement without insisting on NPS option forms or conversion documents.
- Whether the petitioner is entitled to pension, gratuity and post‑retirement benefits under the Old Pension Scheme as per the CCS (Pension) Rules, 1972/2021 and the earlier judgment dated 11.01.2023.
Legislation cited
- CCS (Pension) Rules, 1972/2021
- CRPF Rules, 1955 — s. Rule 43(d)(1)
Subjects
- Voluntary Retirement
- Mandamus
- Pension
- Old Pension Scheme
- CRPF
- Writ Petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13826 of 2026
Santosh Kumar Shukla
.....Petitioner(s)
Versus
Union Of India And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sandeep Kumar, Sr. Advocate, Vaibhav
Shandilya
Counsel for Respondent(s) : A.S.G.I., Jigyasa Singh
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. This petition has been filed for the following reliefs:
"i. Issue a Writ, Order, or Direction in the nature of mandamus
commanding Respondent No. 4 (DIGP, GC CRPF Prayagraj) and
Respondent No. 5 (Commandant, 95 Bn CRPF Varanasi) to forthwith
consider, process, and accept the Petitioner's application/notice for
Voluntary Retirement from Service (VRS) under Rule 43 (d) (1) of the
CRPF Rules, 1955, without insisting on NPS option forms or conversion
documents;
ii. Issue a Writ, Order, or Direction in the nature of mandamus directing
the Respondents to release all pension, gratuity, and post-retiral benefits
of the Petitioner strictly under the Old Pension Scheme (OPS) governed
by the CCS (Pension) Rules, 1972/2021, in terms of the Judgment dated
11.01.2023 in W.P. (C) 10631/2022 and DoP&PW Office Memorandum
dated 03.03.2023;"
2. Learned counsel appearing for the respondents has submitted the
written instructions, which are taken on record.
3. On the basis of instructions, it has been submitted by Ms. Jigyasa
Singh, learned counsel appearing for the respondents that voluntary
retirement of the petitioner is under consideration and within a reasonable
time, orders will be passed on his application.
4. In view of the same, no further orders are required to be passed.
WRIA No. 13826 of 2026
2
5. Accordingly, the writ petition is consigned to records. However, it is
expected that decision will be taken by the respondents expeditiously.
(Manish Kumar Nigam,J.)
September 18, 2026
Nitika Sri.
Digitally signed by :-
NITIKA SRIVASTAVA
High Court of Judicature at Allahabad
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