Allahabad High Court

MAZHAR ABBAS AND 12 OTHERSversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided: 18 March 2026
Bench: VIKRAM D CHAUHAN

Holding

The writ petition is disposed, directing the respondents to implement the directions of the Division Bench judgment for each petitioner.

Summary

The petitioners sought a mandamus directing the State of Uttar Pradesh to continue regular payment of salary, service benefits, and post‑retirement dues, and to pay arrears of sixth pay with 8% interest. The court noted that the matter had already been decided by a Division Bench in Om Prakash & others v. State of U.P. & others, which categorized employees into A, B, and C and quashed the impugned orders for categories B and C, directing continuation of benefits. The Division Bench ordered that excess recoveries not be made from B and C employees and that pension and other benefits continue for category A retirees. Relying on that precedent, the High Court held that the present writ petition must be disposed in accordance with the earlier judgment. Consequently, the respondents were directed to apply the Division Bench’s directions to each petitioner, and no further costs were awarded.

Issues considered

Whether the respondents are obligated to continue payment of salary and service benefits without deduction as per the earlier Division Bench judgment.
Whether the respondents must pay arrears of sixth pay with interest at 8% to the petitioners.
Whether the earlier judgment quashing the impugned orders for categories B and C applies to the present petitioners.

Subjects

mandamus
salary payment
service benefits
sixth pay arrears
pension
quashing of orders
employee categories
High Court writ petition

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 3716 of 2026

Mazhar Abbas And 12 Others
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)

Counsel for Petitioner(s) : Subodh Kumar Rai
Counsel for Respondent(s) : C.S.C., Suresh Singh

Court No. - 34
HON'BLE VIKRAM D. CHAUHAN, J.

1. Heard learned counsel for the petitioners, Sri Vimlesh Kumar Rai, learned
counsel for the respondent nos.2 to 4 and learned Standing Counsel.

2. The writ petition is filed with the following prayers:

"(i). to issue a writ, order or writ of Mandamus by commanding the respondents to
continue to make payment of Salary and other service benefits regularly every month
without any deduction and further in future pay the Post-retiral dues and Pension,
when it become due, to the petitioners, as per the Judgment and order dated
29.05.2025 passed by the Division Bench of this Court, in Special Appeal No. 92 of
2025 (Om Prakash And 1628 Others Vs. State of U. P. and Others, 2025:AHC-
LKO:32546-DB), within a stipulated period as may fixed by this Hon'ble Court.

(ii). to issue a writ, order or writ of mandamus commanding and directing the
Respondents to pay the Arrears of Sixth Pay to the Petitioners along with interest at
the rate of 8% from the due date to till the actual payment of the above withheld funds
of the petitioners."

3. It is not under much dispute that the issue involve in present petition has
already been settled by a Division Bench of this Court in Om Prakash and
others vs. State of U.P. and others, 2025:AHC-LKO:32546-DB and the
relevant part of judgment is reproduced hereinafter:

"(64) The impugned order dated 30.01.2025 reveals that the appellants-petitioners
were divided into three categories 'A', 'B' and 'C' as follows:-

Category - A .... Those who have retired from service prior to issuance of the
impugned orders dated 18.04.2020 and 20.04.2020.

Category - B .... Those who have retired from service prior to issuance of the
WRIA No. 3716 of 2026
2

impugned orders dated 18.04.2020 and 20.04.2020.

Category - C .... Those who are in service.

(65) In respect of Category 'A' employees/petitioners, it was directed by the Writ
Court to continue to draw the pension and other retirement benefits which they were
drawing at the time of their retirement with all consequential benefits; meaning
thereby the impugned orders shall not come in their way.

(66) In respect of employees/petitioners categorized at 'B' and 'C', it was directed that
recovery of the excess amount from them shall not be recovered. To this limited extent,
the impugned orders were quashed.

(67) For the reasons stated above, we allow both the Special Appeals and set aside the
impugned judgment and order dated 31.01.2025, so far as it relates to the category 'B'
and 'C' employees and quash the impugned orders dated 18.08.2020 and 20.08.2020,
passed by the competent authority. Accordingly, all the writ petitions filed by the
appellants-petitioners are allowed.

(68) There shall be no order as to costs."

4. In aforesaid circumstances, writ petition is disposed of in the light of
above referred directions and concerned respondents are directed to apply
aforesaid judgment taking note of factual aspect of each petitioners.

March 19, 2026
D. Tamang
(Vikram D. Chauhan,J.)

Digitally signed by :-
DHIRENDRA TAMANG
High Court of Judicature at Allahabad

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