Allahabad High Court
HARI RAMversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- PRAKASH PADIA
Holding
The Court ordered the respondent to pay the petitioner’s pension based on his last drawn salary, refund the differential amount, and pay interest at 6% per annum within three weeks.
Summary
The petitioner, Hari Ram, filed a writ petition seeking payment of his pension based on his last drawn salary of Rs.64,100 and interest on delayed payments. The respondents had already refunded Rs.5,99,820 recovered from his post-retirement benefits and revised his pension, but the amount corresponding to his last salary had not been released. The petitioner argued that the delayed payment warranted interest at 6% per annum. The Court examined the affidavit and found that the refund had been made, but the pension based on the last salary remained unpaid. Consequently, the Court directed the Commissioner of Police, Agra to pay the pension on the basis of the last drawn salary and to refund the difference along with interest within three weeks. The writ petition was thereafter disposed of finally.
Issues considered
- Whether the petitioner is entitled to pension calculated on the basis of his last drawn salary.
- Whether interest at 6% per annum is payable for the delayed pension payment.
- Whether the refund of recovered post-retirement benefits suffices to satisfy the petitioner's relief.
Subjects
- pension
- post-retirement benefits
- interest
- refund
- writ petition
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 5482 of 2026
Hari Ram
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Chetan Prakash
Counsel for Respondent(s) : C.S.C.
Court No. - 6
HON'BLE PRAKASH PADIA, J.
1. Pursuant to the order passed by this Court dated 17.04.2026, a personal
affidavit has been filed by the Respondent No.4 namely Deputy
Commissioner of Police, Commissionerate, Agra today in the Court, the
same is taken on record.
2. Office is directed to allot the regular number forthwith.
3. It is stated in paragraph-11 of the aforesaid affidavit that amount which
was recovered from the post retiral benefits of the petitioner namely
Rs.5,99,820/- was directed to be refunded to the petitioner vide office
order no. S-318/2024 dated 02.05.2026 and the amount in question has
already been credited in the Bank account of the petitioner on 02.05.2026.
4. In this view of the matter, it is argued that the relief sought has already
been granted to the petitioner, therefore, no further orders are required to
be passed.
5. At this point of time, it is argued by the counsel for the petitioner that
though the amount recovered from the petitioner has already been
refunded and the pension of petitioner was also revised but the payment
as per the last pay drawn by the petitioner has not been released. It is
argued that last pay drawn by the petitioner is Rs.64,100/-.
6. Sine the aforesaid payment was released by the respondents after the
period of time also, Hence, the interest in respect of the aforesaid be paid
to the petitioner @ 6% p.a. within the period of three weeks from today.
WRIA No. 5482 of 2026
2
7. In this view of the matter and also in the interest of justice, the
Respondent No.3 namely Commissioner of Police, Agra is directed to
make the payment of pension treating on the basis of last salary drawn by
the petitioner namely Rs.64,100/-. The difference of pension which the
petitioner has been received and for which the petitioner is entitled as per
the last salary drawn by him will also be refunded to the petitioner within
a period of three weeks from today.
8. With the aforesaid observations, the writ petition is disposed of finally.
9. Registrar (Compliance) is directed to communicate the copy of this
order to the respondent no.3 namely Commissioner of Police, Agra
through Chief Judicial Magistrate, Agra within three days.
10. Shri Vijay Shankar Prasad, learned Additional Chief Standing
Counsel will also inform regarding this order to the Respondent No.3
forthwith.
(Prakash Padia,J.)
May 7, 2026
Swati
Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad
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