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2021 Supreme(All) 1120

SURYA PRAKASH KESARWANI, VIKAS BUDHWAR
Rajesh Kumar – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Akhilesh Kumar Pandey, Punya Sheel Pandey
For the Respondent: C.S.C.

JUDGMENT :

Surya Prakash Kesarwani, Vikas Budhwar, JJ.

1. The petitioner herein has filed the present writ petition seeking following reliefs:-

    “1. Issue a writ, order or direction in the nature of mandamus by declaring the Constitutional Validity of Rule 7¼3½ ¼Hk½ of the Government Order mRrj Áns'k 'kklu] foRr ¼lkekU;½ vuqHkkx&3] lkŒ&3&1508@nl&2008&308&97 y[kuÅ fnukad 08-12-2008 of U.P. retirement benefit Rules 1967 as well as new Family Pension Scheme 1965 to declare the part of G.O. bearig sentence ^^vkfJr ekrk&firk vfookfgr@rykd'kqnk@fo/kok iq=h dh ikfjokfjd isa'ku thou i;ZUr feysxhA** to declare it ultra virus as against the provisions of Article 15(1) of the Constitution of India as ultra virus.

2. Issue a writ, order or direction in the nature of Certiorari quashing the impugned order dated 16.3.2021 passed by the Respondent No.2 upon the complaint no.40020121002680 preferred by the petitioner.”

2. We have heard Sri Punya Sheel Pandey, learned counsel for the petitioner and Sri Girish Vishwakarma, learned Standing Counsel for the State-respondents. With the consent of the parties the present writ petition is being disposed of at the admission stage itself.

3. Admittedly as per cas

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