- (1.) The order dated 26.05.2017 having been recalled vide order of date passed on Recall Application, writ petition is restored to its original number. As requested by learned counsels for parties, we proceed to hear and decide this matter finally at this stage.
(2.) Heard Sri M.A. Khan, learned Senior Advocate, for petitioner and learned Standing Counsel for respondents.
(3.) Petitioner was granted pension Wasikas under the provisions of Oudh Wasikas Act, 1886 (hereinafter referred to as "Act, 1886"). He got amount of pension commuted under Section 10 of Pensions Act, 1871 (hereinafter referred to as "Act, 1871") and after completion of 20 years, seeks restoration thereof claiming parity with Government Servants to whom pension is payable under the Rules framed under proviso to Article 309, which has been rejected by means of order dated 07.08.1996. This writ petition has been filed challenging the said order on the ground that since it is a 'pension', therefore all the pensions are to be considered at par.;