Allahabad High Court
BIRENDRA SINGHversusUNION OF INDIA AND 5 OTHERS
- Decided
- Bench
- MANISH KUMAR NIGAM
Holding
The petition is disposed of with a direction to the respondent authority to decide the pending representation within twelve weeks, without expressing any opinion on the merits of the service continuity claim.
Summary
The petitioner, Birendra Singh, filed a writ petition seeking a mandamus directing the Union of India and other respondents to treat his service as continuous from 11 September 1987, granting him seniority, pay fixation, promotion, pension and related benefits, and to decide a representation dated 9 March 2026. The petitioner’s counsel argued that his representation is pending and requires adjudication. The respondents’ standing counsel contended that the petition serves no useful purpose and urged the court to direct the respondent authority to decide the pending representation within a fixed period. The court, without expressing any view on the merits of the service benefits claim, disposed of the petition and ordered the respondent authority to consider and decide the representation expeditiously, preferably within twelve weeks of the certified copy of the order, after giving a hearing. The order thus provides a procedural direction rather than a substantive ruling on the petitioner’s service claims.
Issues considered
- Whether the court should issue a writ of mandamus directing the respondents to treat the petitioner’s service as continuous from 11 September 1987 and grant the associated benefits.
- Whether the court should direct the respondents to decide the petitioner’s representation dated 9 March 2026 within a specified time frame.
Subjects
- writ petition
- mandamus
- service continuity
- seniority
- pay fixation
- promotion
- pension
- representation
- expeditious disposal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 13673 of 2026
Birendra Singh
.....Petitioner(s)
Versus
Union Of India And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Anirudha Pandey, Veerendra Kumar
Shukla
Counsel for Respondent(s) : A.S.G.I., Gopal Verma, Krishna Mohan
Asthana
Court No. - 33
HON'BLE MANISH KUMAR NIGAM, J.
1. Heard learned counsel for the petitioner, Shri Gopal Verma, learned
counsel for the respondent nos. 1 & 2, Shri K. M. Asthana, learned counsel
for D.R.T. and perused the record.
2. The instant writ petition has been filed for the following relief:
"1) issue a writ, order or direction in the nature of Mandamus
commanding and directing the respondents to consider his case and treat
his service in continuity w.e.f. 11.09.1987, granting correct seniority, pay
fixation, promotion, pension and all consequential monitory benefit
forthwith.
II) issue a writ, order or direction in the nature of Mandamus
commanding and directing the respondents to consider and decide the
representation dated 09.03.2026 moved by the petitioner before
respondent authority within a time fixed by this Hon'ble Court."
3. Learned counsel for the petitioner submitted that the petitioner is seeking
promotion, pay fixation as well as seniority after treating his service w.e.f.
11.09.1987. In this regard, the petitioner has moved a
representation/application which is pending consideration.
4. Learned Standing Counsel has submitted that no useful purpose would be
served in keeping this petition pending and it would be appropriate to direct
the respondent authority to decide the representation/application of the
WRIA No. 13673 of 2026
2
petitioner within a time frame as fixed by this Court.
5. Considering the facts and circumstances of the case, without expressing
any opinion on the merits of the case, the present petition stands disposed of
finally with a direction to respondent authority to consider and decide the
aforementioned representation/application of the petitioner, in accordance
with law, expeditiously, preferably within a period of twelve weeks from the
date of production of a certified copy of this order after giving opportunity
of hearing to the parties concerned provided that there is no other legal
impediment.
(Manish Kumar Nigam,J.)
September 24, 2026
Ved Prakash
Digitally signed by :-
VED PRAKASH SHARMA
High Court of Judicature at Allahabad
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