Allahabad High Court

JAY PRAKASH SINGH AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided: 22 April 2026
Bench: MANJU RANI CHAUHAN

Holding

The Court held that the petitioners should file fresh applications and the respondent must decide them within two months, issuing a reasoned order after hearing.

Summary

The petitioners sought a mandamus directing the Director of Pension and Treasury, Uttar Pradesh, to decide their applications for refund of excess pension deductions filed on 7 February 2025 and 20 February 2025 within a stipulated period. The State argued that a government order issued after the earlier writ (Writ A No.14697 of 2025) rendered the earlier petition moot, but allowed the petitioners to file fresh representations in light of that order. The Court, without adjudicating the merits, ordered the petitioners to file fresh applications supported by relevant documents within three weeks and directed the respondent to decide those applications expeditiously, preferably within two months, after giving a hearing and issuing a reasoned order. The Court thus disposed of the writ petition, directing procedural compliance rather than substantive determination of the refund claim.

Issues considered

Whether the High Court can issue a mandamus directing the respondent to decide pending pension refund applications within a specified time
Whether the petitioners must file fresh applications in view of the subsequent government order

Subjects

pension
refund
excess deduction
mandamus
writ petition
administrative law
government order

Judgment

          HIGH COURT OF JUDICATURE AT ALLAHABAD
                            WRIT - A No. - 5849 of 2026

Jay Prakash Singh And 3 Others
                                                                     .....Petitioner(s)
                                        Versus

State of U.P. and Another
                                                                   .....Respondent(s)

Counsel for Petitioner(s)                      :   Anand Kumar, Nandini
Counsel for Respondent(s)                      :   C.S.C.

Court No. - 52
              HON'BLE MRS. MANJU RANI CHAUHAN, J.

Heard Ms. Nandini, learned counsel for the petitioners, Mr. Ravi
Prakash Srivastava, learned Standing Counsel for the State.

The writ petition has been filed with the following prayers:-

"(i) Issue a writ, order or direction in the nature of mandamus directing the respondent
no.2 to decide the application of all petitioners dated 07.02.2025 and 20.02.2025
within stipulated time.

(ii) Issue a writ, order or direction in the nature of mandamus directing the respondent
no.2 to decide the application of all petitioners dated 07.02.2025 and 20.02.2025
within stipulated time."

Learned counsel for the petitioner submits that the grievance of the
petitioner regarding refund of excess amount which has been
deducted from the pension of the petitioner is pending consideration
before respondent no.2, therefore, a direction may be issued to the
authorities concerned to decide the claim of the petitioner, within
stipulated period.

Learned Standing Counsel submits that some Government order has
been issued which was under consideration in Writ A No.14697 of
2025, wherein after coming to know that some Government order
has been issued with respect to the issue in question, the petition was
dismissed as not pressed with liberty to challenge the said
Government order. However he submits that in case the petitioners
move fresh representations in the light of the Government order
                                                                                       WRIA No. 5849 of 2026
                                                                 2


                                    dated 25.09.2025 which is applicable in the facts of the case, the
                                    same may be decided in accordance with law.

                                    Considering the facts and circumstance of the case but without
                                    expressing any opinion on the merits of the case set up on behalf of
                                    the petitioners, the present writ petition is disposed of by providing
                                    that petitioners may make fresh applications/representations,
                                    ventilating all their grievances, supported by such documents, as
                                    may be advised, before the respondent no.2 Director of Pension and
                                    Treasury, Govt. of U.P., Secretariat, Lucknow, within three weeks
                                    from today along with a certified copy of this order. On such
                                    representation being made, respondent no.2 shall make all
                                    endeavours to consider and decide the same, strictly in accordance
                                    with law, by means of a reasoned and speaking order, after giving
                                    proper opportunity of hearing to the petitioners, as expeditiously as
                                    possible, preferably within a period of two months from the date of
                                    production of certified copy of this order, if there is no legal
                                    impediment.


                                                                           (Mrs. Manju Rani Chauhan,J.)
                                    April 23, 2026
                                    Rahul.




Digitally signed by :-
RAHUL GOSWAMI
High Court of Judicature at Allahabad

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