Service Law — Extraordinary pension — Rules of 1981 — Sanction of Governor — Mandatory — Grant of extraordinary pension under Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 1981 is subject to sanction of the Governor — Such sanction involves exercise of administrative discretion — In absence of such sanction, Court cannot direct grant of extraordinary pension. (Paras 10–12)

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Service Law — Extraordinary pension — Rules of 1981 — Sanction of Governor — Mandatory —

Grant of extraordinary pension under Uttar Pradesh Civil Services (Extraordinary Pension) Rules, 1981 is subject to sanction of the Governor — Such sanction involves exercise of administrative discretion — In absence of such sanction, Court cannot direct grant of extraordinary pension.

(Paras 10–12)

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Article 226 — Writ of mandamus — Limits — Discretionary administrative power —

Where statute vests discretion in competent authority (Governor) to grant benefit, Court cannot substitute its own decision — Proper course is to direct authority to consider claim — Issuance of mandamus granting relief without such consideration is unwarranted.

(Paras 12–14)

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Extraordinary pension — Procedure — Compliance with Rules —

Claim for extraordinary pension must be made and processed in accordance with procedure prescribed under Rules of 1981, including submission of application in prescribed form and consideration of relevant materials — Non-compliance renders grant unsustainable.

(Paras 10–11, 15)

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Judicial review — Substitution of decision — Impermissibility —

Courts ordinarily do not exercise powers of statutory authority — Where authority has not yet exercised discretion, Court should not decide entitlement itself but remit matter for consideration by competent authority.

(Paras 12–13)

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Compensation — Finality — No recovery —

Amount of ₹1 Crore paid as monetary compensation pursuant to interim orders held to be final compensation — Not liable to be recovered.

(Paras 9, 16(d))

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Service benefits — Multiple reliefs — Distinction —

Grant of compensation, compassionate appointment, residence and family pension does not automatically entitle claimant to extraordinary pension — Each benefit governed by separate statutory framework.

(Paras 9–10, 15)

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RATIO DECIDENDI 

Where grant of extraordinary pension is subject to statutory rules requiring sanction of the Governor and exercise of administrative discretion, the Court cannot, in exercise of writ jurisdiction, itself grant such relief but must direct the competent authority to consider the claim in accordance with law.

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RESULT

• High Court direction granting extraordinary pension set aside
• Matter remitted for consideration by competent authority
• ₹1 Crore compensation confirmed (no recovery)
• Appeals partly allowed

(Paras 16–17)