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Allahabad High Court

RETIRED SUB-INSPECTOR RAJ KUMAR SINGHversusSTATE OF UP AND 2 OTHERS

Decided

Holding

The order dated 24‑12‑2024 is set aside and quashed.

Summary

Retired Sub‑Inspector Raj Kumar Singh filed a writ petition challenging an order dated 24‑12‑2024 that reduced his pensionable basic salary from Rs.66,200 to Rs.55,200. He sought quashing of that order and direction to restore his pension to the higher amount. The petitioner relied on the judgment in Bijendra Singh Dhama v. State of U.P. (Writ A No.18272 of 2024) which addressed the same legal question. The court held that the legal issues raised were squarely covered by the earlier decision and therefore the impugned order was unlawful. Consequently, the order was set aside, the petition was allowed, and the matter was remitted to the Senior Superintendent of Police, District Saharanpur, to pass a fresh order in accordance with the law within six weeks.

Issues considered

  • Whether the order dated 24‑12‑2024 reducing the petitioner’s pension is contrary to law
  • Whether the legal principles laid down in Bijendra Singh Dhama v. State of U.P. are applicable to the present case

Subjects

  • pension
  • police retirement
  • writ petition
  • quashing order
  • legal precedent
  • senior superintendent

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
                   WRIT - A No. - 5405 of 2026

Retired Sub-Inspector Raj Kumar Singh
                                                 .....Petitioner(s)
                             Versus

State Of Up And 2 Others
                                                 .....Respondent(s)

Counsel for Petitioner(s)         :   Shivendra Kumar Gupta
Counsel for Respondent(s)         :   C.S.C.

Court No. - 6
                HON'BLE PRAKASH PADIA, J.

1. The petitioner has preferred present writ petition inter-alia
with the prayer to quash the impugned order dated 24.12.2024
passed by respondent no.2. Further prayer is made to direct the
respondent nos.2 & 3 to re-fix the pension of the petitioner as
last pay drawn basic salary of Rs.66,200/- in place of reduced
basic salary of Rs.55,200/-.

2. Counsel for the petitioner placed reliance upon a judgement
and order dated 11.03.2026 passed by Coordinate Bench of this
Court in Writ A No.18272 of 2024 (Bijendra Singh Dhama Vs.
State of U.P. and 6 others).

3. It is admitted between the parties that questions of law
involved in the present case is squarely covered as in the case
of Bijendra Singh Dhama (supra).

4. In this view of the matter, the order dated 24.12.2024 passed
by the respondent no.2, copy of which is appended as
annexure-1 to the writ petition is liable to be set aside and is
hereby quashed.

5. The writ petition is allowed. Matter is remitted back to the
respondent no.3-Senior Superintendent of Police, District
Saharanpur or competent authority to pass fresh order in
accordance with law within a period of six weeks from the date
                                                                                    WRIA No. 5405 of 2026
                                                              2


                                        of receipt of certified copy of this order taking into
                                        consideration the law laid down by this Court in the case
                                        of Bijendra Singh Dhama (supra).

                                        April 16, 2026
                                        Pramod Tripathi

                                                                               (Prakash Padia,J.)




Digitally signed by :-
PRAMOD TRIPATHI
High Court of Judicature at Allahabad


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